Defending False Accusations of Domestic Violence
According to a 2023 survey, ten out of every 100 accusations of domestic violence are false. The majority of those accusations target a male, although women, too, have been falsely accused. If you are on the receiving end of false accusations, you need an aggressive and dedicated criminal defense attorney looking out for your rights.
A Serious Issue
Making a false accusation of domestic violence is a very real threat to both families and to the justice system. The National Registry of Exonerations reports that perjury and false allegations lead to a staggering 61 percent of wrongful convictions. Unfortunately, these types of claims are often used by divorcing parents as a tactic to create parental alienation. They are generally based on a desire for revenge, mental health issues, or influence from family and friends. But it is possible to fight back, and that’s happening more and more frequently these days.
Fighting Back
There have been several high-profile cases of false allegations that backfired on accusers in the news:
- Amber Heard wound up forking over $1 million after she made false and defamatory accusations of domestic violence against Johnny Depp.
- Charges were dropped against Armie Hammer after he cited proof that he was in a different city at the time of the alleged violence.
- Ashley Smithline had to retract rape accusations against Marilyn Manson, saying she’d been pressured to accuse him.
Penalties for False Reporting
To be clear, an accusation of abuse that is false is a criminal act, subject to penalties based on the severity of the offense. Knowingly filing a false police report could land an accuser in jail for six months and stick them with a $1,000 fine. That could be on top of requirements for counseling, probation, and community service. Additionally, the accuser may have to pay restitution to cover damage caused by their false reporting. If the case makes it to trial and the accuser engages in perjury, they could be charged with a felony and face five years in prison and a $5,000 fine.
Defending Against False Accusations
It can be unnerving to be accused of something you didn’t do, especially if it could result in a fracture of your family. A vigorous defense requires you to keep your cool and be smart:
- Thoroughly document all interactions with the accuser, and hang on to all communications such as texts, emails, phone messages, and so forth.
- Stay away from social media, and don’t discuss the case with others publicly.
- If the accuser gets a restraining order, obey it to the letter.
- When you go in for the pretrial hearing, calmly and convincingly refute their testimony with solid proof. Don’t fall for any emotional ploys or attempts to get you to react with anger.
The Defense You Deserve
The Las Vegas criminal defense lawyers at Lobo Law fight fiercely against false domestic violence allegations. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.
Source:
endtodv.org/2023/02/27/survey-one-in-10-falsely-accused-of-abuse-women-usually-the-accusers-men-most-often-the-targets/
