How To Defend Yourself Against False Accusations of Domestic Violence
You should always take domestic violence seriously and, most often, take the victim’s side. But unfortunately, there have been cases in which someone has been falsely accused of domestic violence. Being falsely accused is also a serious offense, and it is crucial that you know your rights and how to defend yourself if you find yourself in this situation. Our criminal defense attorneys are here to walk you through the steps you need to take to defend yourself against false accusations of domestic violence, as we know the severe nature of your charges.
What you should do when you have been accused of domestic violence
Unfortunately, allegations like this can affect your life for years to come. The most important thing you should do is try to de-escalate the situation and avoid contact with the person who is accusing you of domestic abuse. Although it may be difficult, try reframing from talking about the situation with friends and family. It can complicate the situation and cause more personal relationship issues. It is also extremely important to reframe posting about the situation on social media. If you discuss the situation on social media, whatever you say can be used against you in court.
Next, you will want to consult an experienced criminal defense attorney to understand your rights and options. Usually, the victim will seek to press charges or file for a protective order. The courts will take this very seriously, so it’s crucial to avoid handling this situation without the guidance of an attorney.
But first, it’s essential to understand Indiana laws regarding domestic violence. Indiana has no specific statutes prohibiting domestic violence; instead, the law lists domestic abuse under several other charges, including; harassment, stalking, domestic battery, etc. Also, physical contact is not always necessary with these charges, as it can be based on the context of the situation.
Also, according to Indiana law, proof of domestic violence must be met beyond a reasonable doubt. This means that the evidence presented must show that it is beyond any reasonable doubt that the accused committed the crime. So, typically the first thing a victim will do is file a protective order. However, attorneys are often good at finding crucial evidence they can use as proof in domestic violence cases.
What should you should once a protective order has been filed?
A court will issue a protective order if the following has been presented;
- Physical harm
- Threats or attempts to threaten
- A person is in fear of physical harm without legal justification.
- Forced sexual activity
- Stalking and harassment
Protective orders are for 30 days, followed by a hearing to determine the next steps or extend the order. At this time, the accused can also file a reciprocal order. This means that you both will not have content with each other. During the 30 days, you have time to work with your attorney to develop your defense. You want to be prepared for;
- Divorce filings
- Child custody rights
- Be removed from your home
- Anger management classes
- Pending domestic abuse charges
You will want to present as much evidence in court to prove your innocence and prove that the false accusation made against you never happened. It’s essential to keep records and document as much information as possible as you prepare for your case. You will also want to share all this information and documentation with your defense attorney.
Have you been falsely accused of domestic violence charges?
Domestic violence is a serious situation and should not be taken lightly. However, it is also a serious offense if you have been falsely accused of domestic violence. Being charged with battery or domestic violence can be life-changing. Our Firm has the experience that you need to defend your case successfully.
Rowdy G. Williams Law Firm has over 25 years of experience in Vigo County.
At Rowdy G. Williams Law Firm, we are committed to ensuring that our clients can overcome the difficult legal obstacles they may not be prepared to face without help. Your case is our case.
If you are faced with bankruptcy or criminal charges or need a family law attorney in Terre Haute, Indiana, contact us for a free consultation or call at 812-232-7400. We are here to listen and provide the support and guidance you need.