What to Do When You’re Falsely Accused of Domestic Violence
False accusations of domestic violence can be devastating, and these claims are unfortunately common during contentious divorce and custody disputes. Fortunately, it’s possible to refute these allegations and prove your innocence.
Here, an experienced criminal defense attorney answers a few questions about what to expect and how you can prove your innocence in these cases.
Why would someone make a false domestic violence accusation?
False accusations of domestic violence can be made for various reasons, and one of the most common is often to gain legal leverage in divorce and child custody proceedings.
Accusers may make false accusations to get the upper hand in a divorce settlement. An allegation might help the accuser obtain more money or property in the negotiations. If a judge issues an order or protection or restraining order, the accuser can force the accused out of the house.
People may also make false allegations to win contentious custody battles. A false accusation can result in the loss of child custody, and it can be used to turn children against the other parent.
What is domestic violence in Michigan?
If you’re falsely accused, knowing what falls under domestic violence in Michigan is essential to prove your innocence accordingly. Domestic violence is a pattern of abusive behaviors used to control someone in a domestic relationship. The following can be defined as domestic violence:
- Verbal abuse
- Physical abuse
- Manipulation
- Economic abuse
- Stalking
- Isolating the victim from loved ones
- Intimidation
- Sexual abuse
- Coercion
In Michigan, domestic violence applies to assault or battery against people who are or were in a domestic relationship with the defendant. Under Michigan law, you have a domestic relationship with a person if any of these apply:
- Spouse or former spouse
- You have a child in common
- Resident or former resident of the same household
- Dating or formerly dated
What Should You Do After a False Accusation of Domestic Violence?
If you are falsely accused of any of the above crimes, there are several actions you can take to protect yourself.
Hire an Attorney
Before doing anything else, obtaining legal counsel immediately after you’re falsely accused of domestic violence is essential. An experienced criminal defense attorney will help you build your defense, gather necessary evidence, and advise you on next steps.
DO NOT say anything unless your lawyer is present when answering questions from law enforcement to avoid incriminating yourself.
Do Not Violate Restraining Orders or Bond Conditions
While it can be tempting to contact your accuser to clear the air, you should never violate any restraining order or bond conditions. Communicating with your accuser can seriously damage your case because everything you say to them can be used against you. It could land you in jail.
Collect Evidence
Gathering all the necessary evidence and providing it to your attorney is an essential first step to fight your case. Collect all emails, texts, phone records, GPS data, and other digital documents that support your case.
You’ll also want to gather physical evidence, like clothing, photos, or other objects, and immediately give them to your attorney. Compile a list of potential witnesses and their contact information who can offer information about the victim, your relationship, and any incidents.
Talk to the Experienced Criminal Defense Attorneys at JAD Law
If you’re falsely accused of domestic violence, having a knowledgeable criminal defense attorney can make all the difference in proving your innocence. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
