While domestic violence offenses are a serious concern in our communities, it is also important to discuss the existence of false accusations and how to deal with them if accused. First, it is important to know that only a verbal report of domestic violence can result in an arrest. If a family member or loved one is falsely accusing you of domestic violence, do not continue to argue with police or attempt to prove your innocence. If law enforcement has a good faith belief that the victim is making a truthful accusation—a very low standard—you will be arrested.
While your case is pending, you will likely be ordered by the court to not have contact with the victim. It is imperative to follow this order, as a violation can trigger another charge against you. Many individuals may wish to work things out between their partner, and many alleged victims wish to recant their stories to exonerate the accused. However, any attempt to do this outside a courtroom will be a violation of a court order. This is why having legal representation is an absolute necessity.
Defending Yourself Against a False Accusation
Because you, as the accused, are prohibited from speaking with the alleged victim, your lawyer will do this for you. No, your lawyer cannot pass messages to the victim in an attempt to solve the dispute.
It is also important to know that neither the alleged victim, your lawyer, or the judge can dismiss your case. This power lies solely with the district attorney’s office. The prosecutor, and the prosecutor alone, has the ability to drop your case for a lack of evidence or a belief that the alleged victim isn’t being truthful. However, this is no easy task.
If the alleged victim is willing to speak with your lawyer and has a desire to have the charges against your dropped, he or she may agree to prepare an affidavit to submit to prosecutors explaining what actually happened and expressing a desire to have the case dismissed. However, our battle does not end here, as many prosecutors will continue to pursue the case. They may think the initial report is the truth and the affidavit submitted is a lie.
As you can see, proving that an accusation of domestic violence is false is difficult. The attorneys at Scheiner Law Group have handled many cases involving such false claims. We know how to communicate with the alleged victim, the court, and the prosecutors to have your side of the story be heard. Please contact us with all your domestic violence concerns or any other criminal matters. We’re here to help.