Have you recently been falsely accused of domestic abuse or violence? Were you made aware of the accusations by being served with a protective or restraining order? Was the timing of the allegations suspiciously close to pending divorce or child custody proceedings?
The truth is that making false claims of domestic violence has become a new strategy which spouses or domestic partners typically use to gain an advantage in family law cases. Unfortunately, the accused is often presumed guilty and has the burden of proving his or her innocence.
Fighting False Allegations of Abuse
If you are accused of abuse, you need to act immediately to mitigate the potential damage to your case. While there is little you can do until your hearing, there are steps you need to take in preparing which can help you get the charges dismissed.
The following are several things you can do to protect your rights and best interests:
- Obtain experienced legal representation. If you do not already have a lawyer, your need to seek expert legal guidance in order to increase your chances of reducing the impact of the allegations.
- Gather evidence. E-mails, text messages, social media interactions, as well as video and audio recordings which defend your side of the story can be presented to the court during your hearing.
- Demonstrate motivation to lie. Proof which the alleged victim had threatened to allege abuse in an attempt to gain advantage in divorce or custody proceedings can be used to discredit the accuser's testimony.
- Gather witnesses. Find witnesses to the supposed events who will testify against the accuser's claims.
- Stay calm and collected during the hearing. Remaining composed in front of the judge can go a long way toward helping your credibility.
If you are accused of committed domestic violence in Ventura County, CA, contact Wilfert Law P.C. today.