What Should I Do If I Am Falsely Accused Of Domestic Violence?
Charges of domestic violence are taken very seriously by courts. The truth whether you are innocent or guilty is the mere allegation of such acts can have a stigma that impact your life forever.
Undoubtedly millions of people are the victims of domestic violence every year. Sadly, a small number create and fabricate stories for reasons that are often revenge related. Besides being incredibly hurtful to the accused, they also hurt the credibility of genuine domestic violence victims. If you face accusations of committing acts of domestic violence or have even been charged with acts of domestic violence, it is crucial to contact a lawyer well versed in domestic violence law without delay – even when you have done nothing untoward.
What’s Domestic Violence?
A common belief is an act of physicality towards a girlfriend, boyfriend, husband, wife or partner defines domestic violence. This is not true. The participants in a case or cases of domestic violence do not have to be in a current or even former romantic relationship with one another for domestic violence laws to apply to their situation. For that matter, physical action is not the sole cause of acts of domestic violence.
Under Arizona law, domestic violence is defined thus: “Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
That definition is expanded so people who are related by marriage or blood are included as are other people who live in the same housing unit. The definition includes threatening physical acts even if they are not performed as well as physical acts that are performed. These charges can also be expanded to include the following:
- Throwing things at the victim (the victim does not have to be struck by them)
- Abuse that is sexual in nature
- Psychological and mental abuse
- Personal property destruction
In certain circumstances, depending on the seriousness of the allegations, whether weapons were threatened with use or were used as well as the age of the individuals concerned in the case, charges for domestic violence can either be felonies or misdemeanors and the punishments will range according to those categorizations.
Understanding Charges of Domestic Violence
There are many and varied reasons why individuals may be accused of domestic violence. From disputes arising during the process of a divorce, from the stresses of child custody processes and hearings as well as the stress that comes from cohabiting in whatever relationship circumstances under one roof. In situations where the alleged victim is looking to gain marital assets during the divorce process or looking for custody of the children that have resulted from the marriage – they may be under the impression that if the other party is facing allegations or charges of acts of domestic violence, they will gain the upper-hand in the litigation.
Nonetheless, it is a fact a percentage of victims of domestic violence later decide not to pursue the charges they originally made or in some cases, they recant their testimony. Sadly, it is often a case of too little, too late. The decision to pursue charges of domestic violence lies entirely with the local government prosecutor. Domestic violence allegations are rightly taken very seriously and if the prosecutor decides to pursue charges the skills of a domestic violence attorney are vital in advocating for you.
Domestic Violence Lawyers Can Defend You
Facing wrongful accusations can be a shattering experience for everyone and can really damage your life and your future. The domestic violence attorneys at The Canterbury law Group can show help you to navigate the court system and reach the best possible result.
Source: Bajaj, Vikas. “What to Do When You Have Been Falsely Accused of Domestic Violence Charges.” Law Office of Vikas Bajaj, APC, 11 Apr. 2019, https://www.bajajdefense.com/what-to-do-when-you-have-been-falsely-accused-of-domestic-violence-charges/.
Contact Our Domestic Violence Attorneys In Scottsdale, AZ
Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from DV allegations levelled against you, and help you resolve legal issues that inevitably arise.
*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]