Defending Against False Accusations Of Domestic Violence
Even the best relationships can be complicated. If you’ve had a disagreement with your spouse and find yourself facing false accusations of domestic violence, you are probably wondering what to do next, how to prove your innocence, and how to protect your reputation. Domestic violence accusations are serious, with the potential to ruin lives, relationships, and careers.
These types of situations can be especially complicated because pressing charges is the district attorney’s responsibility, so even if the alleged victim does not want things to go further than calling the police at the time of the argument, state prosecutors may aggressively pursue prosecution. A conviction can mean a shattered future, jail time, and a ruined reputation.
If you are facing false allegations of domestic violence, you need an experienced Apache Junction criminal defense lawyer on your side who can help you navigate the legal system, find holes in the prosecution’s case, and build a solid defense on your behalf.
What Is Domestic Violence?
Domestic violence is an umbrella term that categorizes physical, sexual, psychological, or emotional abuse as listed in Arizona Revised Statutes Section 13-3601 against a person with whom they share a domestic relationship. This can include:
- Former spouse
- Pregnant spouse
- Child or stepchild
- Blood relative
- Household member
- The person with whom the alleged assailant had a sexual or romantic relationship
The distinction between domestic violence and assault matters in court because domestic violence crimes have their regulations and consequences.
- Specific acts of domestic violence can include:
- Physically assaulting a household member
- Slapping, hitting, kicking, or punching
- Throwing things at someone in the household
- Intimidating, threatening, or harassing
- Harassment over the phone or the internet
- Putting someone in imminent danger of physical injury
- Using threatening conduct or gestures
- Stalking or secretly recording
- Watching someone without consent
- Kidnapping or unlawful imprisonment
- Not allowing the use of a telephone in an emergency
- Criminal trespass or disobeying a court order, such as a restraining order
- Committing manslaughter, homicide, or murder of a household member/spouse
- Abusing a child or a vulnerable adult
Depending on the circumstances, crimes such as assault, harassment, property damage, trespassing, and disorderly conduct can constitute domestic violence. If you’ve been falsely accused of any of these actions, contact an experienced Chandler criminal defense attorney as soon as possible.
What Happens After The Police Are Called?
It’s important to realize that once an alleged victim calls 911 with claims of domestic violence, things are out of their hands. The police officer has the right to arrest an alleged assailant if they have probable cause to suspect that domestic violence may have occurred, even if the officer did not witness the alleged offense. No warrant is needed. Even if the alleged victim changes their mind about the accusations or tries to take back their statements, the police can still make an arrest, and the prosecution can move forward. The alleged victim can refuse to testify to help exonerate the accused.
What Should I Do If I Have Been Falsely Accused Of Domestic Violence?
If you’ve been falsely accused of domestic violence, contact an experienced Mesa criminal defense firm immediately for guidance and representation. Remember that you have a right to remain silent and that anything you say can and will be used against you. Do not make statements to law enforcement until you have consulted with your attorney.
Your attorney will investigate the situation and search for evidence, which may include examining 911 recordings and any statements that you made, considering whether the alleged victim sought medical treatment, interviewing any witnesses, looking for photo and video evidence of the alleged crime, and much more. Other important considerations include whether the accused or alleged victim was on medications that may have caused them to lash out, whether the victim has recanted their story, whether the relationship is back to normal, and whether the alleged victim has a history of exaggeration.
Drawing upon the evidence and various legal strategies, your Queen Creek criminal defense attorney will work to contest domestic violence charges. The most common defenses against charges of domestic violence are:
The actions were accidental: Arizona statutes indicate that people are guilty only if they acted intentionally, knowingly, or with some other purpose. Assault is committed only if the person intentionally touched or injured the other party. In a domestic violence case, maybe there was a mishap or accident that took place.
The actions were self-defense: Domestic violence charges can be challenged if your attorney can prove that the actions were self-defense that was reasonable under the circumstances.
The accusations are false: False accusations of domestic violence are unfortunately common. They may happen when people attempt to influence a child custody dispute or seek revenge. Regardless of the reasons, defendants can claim they were unjustly accused and are innocent of the charges.
Let Us Help You Fight False Accusations Of Domestic Violence
False accusations of domestic violence are extremely common and can lead to criminal charges with lifelong consequences, but the experienced legal team at Dove Law Firm is ready to help you fight for your innocence. With our comprehensive understanding of Arizona law and extensive experience defending hundreds of clients accused of domestic violence, we have what it takes to provide aggressive defense on your behalf. Contact us today to schedule your free, confidential case review.
Arizona Injury Lawyer
2650 E Southern Ave Suite 201
Mesa, AZ 85204
Phone: (480) 213-4489
Arizona Criminal Defense Lawyer
10554 E Thornton Ave
Mesa, AZ 85212
Phone: (877) 368-3529