Domestic Violence, Part 4: Falsely Accused
Posted February 27th, 2015 by Anthony Carbone, PC.
Categories: Criminal Defense, Domestic Violence.
In the fourth part of our domestic violence series, we discuss what happens if you are falsely accused of domestic violence and what you should do next. So let’s start with a scenario: You and your wife are having a heated argument. Although harsh words are said between the two of you, it never becomes physical. You leave to cool off. The next thing you know, you learn that your wife is accusing you of domestic violence. What happens next?
First, if you’ve ever been accused of any crime, whether guilty or not, you’re going to need an experienced criminal defense attorney to help you through the ordeal. Domestic violence accusations carry serious consequences. Not only will you handed a restraining order against the alleged abuse victim, but you can lose your home, your children, and your job. If you are found guilty, you could serve jail time and pay fines. It could take you years to clear the charge off your record.
So how can you fight a domestic violence charge? It can be difficult but it is possible. Here are a few things the Law Offices of Anthony Carbone will need in order to fight your case:
- File a similar complaint. In the example above, both parties were arguing. You may be able to file a reciprocal order which shows that you were a victim of the accused abuse victim. Although many cases, this may not be as cut as dry as the above situation, but it is still a possibility of the claim comes from one particular incident.
- Get witness testimony. Try to find others who have been around you and the alleged abuse victim as a couple. A witness could say that they never saw any signs of abuse on the alleged victim or never saw any violence.
- Examine the evidence. The alleged victim will have to show evidence such as medical records or police reports to prove that domestic violence has happened in your relationship. Make sure you and your attorney examine the evidence carefully for any false information. If possible, try to find your own evidence that contradicts what the alleged victim is trying to prove.
- Challenge allegations. Above all, fight the charge. By just accepting what the alleged victim is saying is true, you are proving that you did do the crime.
Remember, if you’ve been accused of domestic violence, get a good lawyer. For the past 26 years, criminal defense lawyer Anthony Carbone has been helping people with their legal problems. Contact us today for a free consultation and come back on Monday for our last blog in the series on what happens when you are found guilty.
