Too often in close, intimate relationships, when couples grow apart, their discord develops to such an extent that one spouse or partner develops the motivation to hurt the other spouse or partner’s reputation significantly and substantially. There may be a variety of reasons for these motives, which may be fueled simply by hatred and the desire for vengeance.
Some individuals may be willing to lie to gain the advantage in matters involving visitation and child custody. They may even be willing to go so far as to accuse falsely a spouse or partner of domestic violence. In this volatile, sensitive, traumatic, potentially life-changing situation, anyone falsely accused of domestic violence must take appropriate measures to protect their rights and freedom.
The following is recommended conduct for anyone who may be falsely accused of domestic violence:
*Do not violate any restraining order in which you are the subject defendant
If a restraining order has already been issued, do not breach its terms or conditions. Many petitioners hope that a spouse or partner violates a restraining order so that further negative legal consequences arise. It is easy to violate a restraining order where the resulting violation involves a reunion or contact with children after a prolonged absence.
*Be a good parent
Do not allow any false accusations to affect parenting. The false accusations should not distract anyone from fulfilling their necessary and important parental responsibilities. Do not turn children against another parent, even if this parent is lying. Two wrongs do not make a right.
It is important to maintain a cool disposition in public, especially, for obvious reasons, in any court proceeding where one must demonstrate innocence and a nonviolent nature.
*Do not contradict yourself or your version of the facts
Persons who are, in fact, innocent and who have truthfully recounted their version of the facts never have any reason to change or contradict their story. Anyone who has maintained innocence from the start should stand by their claims and follow the advice of their attorney.
*Focus on proving your innocence rather than proving the other person is guilty
If an accuser is committing perjury by making a false accusation in violation of the law, it is the prosecution’s responsibility to seek justice. A focus by an accused on proving his or her innocence rather than the guilt of the accuser will vindicate an accused party and allow justice to prevail as it relates to both parties.
*Protect your property and passwords
Motives for damaging the reputation of a spouse or partner may be financial. Real and personal property must be protected from any misappropriation. Passwords, bank account numbers, cash, jewelry, and titles to cars must be protected. Anyone capable of fabricating something so personally damaging as an act of domestic violence is most likely capable of inflicting further damage by misappropriation and theft.
*Hire an experienced domestic violence defense attorney
Although listed last here, the first action after a false accusation occurs should be to seek the representation of an experienced domestic violence defense attorney. Criminal law specialist John Patrick Dolan protects the rights of those charged with assault, domestic violence or spousal abuse. Mr. Dolan has over forty years of experience working to help his clients obtain the best resolution possible when freedom and reputation are at stake. Call us today at (760) 775-3739 or find out more online here.