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What to Do if Your Spouse Falsely Accuses You of Domestic Violence?

“What do you do if your spouse falsely accuses you of domestic violence?” The professionals at the Waltman Law Firm can answer that question and more. Call now!

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What to Do if Facing False Domestic Violence Accusations?

False domestic violence accusations are not uncommon as people may think. Although the majority of these accusations are true, that is not the case with the rest of them. Spouses can lie and falsely accuse their spouses of domestic violence crimes.

Being falsely accused of domestic violence may leave you feeling frustrated and angry. Maybe your spouse or intimate partner tries to keep you from getting custody of your children or tries to gain the upper hand during your divorce proceeding. Whatever the reason is, it’s hard to cope with the fact that your ex is telling lies about you.

Domestic violence accusations shouldn’t be taken lightly since the consequences can change your life forever – a domestic violence charge can result in a permanent criminal record. But, keeping your head during the whole procedure and in court is crucial, and it can go a long way in relation to helping your credibility.

Also, it is imperative to act quickly and decisively. Hiring a domestic violence lawyer in Marietta who can devote the time and resources necessary to build a strong case is another crucial step that can contribute to getting your false criminal charges dropped.

What Steps Can You Take if Your Spouse Falsely Accused You of Domestic Violence?

If faced with false claims of abuse, some steps you take in the days and weeks leading up to your hearing are vital to reduce the risk of being convicted and going to jail or prison. For example, if you were taken to jail after being accused of committing domestic violence, it’s crucial to follow the conditions of your release.

Although every case is different, most wrongly accused individuals can benefit from the following steps.

1. Don’t Contact Your Accuser

Even though you may be tempted to talk to your spouse and convince them to change their story, that can rarely be a wise move. The police officers would likely consider it an attempt to intimidate a witness.

2. Start Gathering Evidence

You don’t have much time, so it can be wise to gather evidence to prove your innocence as quickly as possible. The most effective way to prove false allegations against you is to show you were somewhere else at that time and that you couldn’t have committed that criminal offense. That means G.P.S. data, surveillance camera footage, and other electronic records can be submitted as evidence. Witness testimony and anything else that can portray you in a good light can also be accepted as evidence.

3. Hire a Competent Domestic Violence Defense Lawyer

Hiring a qualified attorney and letting them know all that occurred, as well as all the pertinent details of allegations, is the most helpful step. They can tell you everything you may need to fight back against your partner’s false allegations.

How Do You Defend Yourself Against False Accusations?

In some cases, the alleged victim will want to obtain a restraining order. The first hearing in Georgia may be ex parte. It means that the hearing can be finished without you being present if you are the accused party. That also means the defendant doesn’t get the chance to defend themselves.

Practically, all that the alleged victim has to say to the judge to obtain a protective order is that they feel threatened and that the order is necessary. Also, most judges will probably grant the order since they wouldn’t want to be on the wrong end of denying a request and having a tragedy occur.

The order will be in place until a hearing can be held, which usually occurs within 30 days. At the hearing, both the petitioner and the respondent will have the chance to present their cases. The petitioner or the alleged victim of domestic violence must provide evidence that a protection order is necessary. 

As the respondent, you will have to show that the evidence provided by the petitioner is not valid. Being professional and polite when responding and keeping calm can contribute to the positive image presented to the judge. The judge will decide if the restraining order should continue or be removed due to insufficient evidence.

If the judge grants the protective order, which can last up to a year, make sure you don’t violate it since these violations are punishable by jail time. That is why having a Marietta protective order defense attorney by your side is essential.

How Can You Tell if Someone is Lying About Being Abused?

Although there are no universal signs that can tell you beyond a shadow of a doubt that someone is lying, certain behaviors and actions can suggest someone’s answers may not be truthful. For example, people can avoid eye contact or delay their answers because they are thinking about what to say.

The fact that someone appears to be lying or shows signs of lying doesn’t protect you from the allegations they make. Making sure you know your options can turn out to be a much safer tactic.  

Can I Sue My Ex for False Allegations?

You may be able to file a civil lawsuit against your ex-spouse, providing there are no outstanding charges against you. False accusations of domestic violence can tarnish your professional as well as personal reputation, causing loss of employment or standing in your community. That means your accuser may owe you financial damages for the harm these accusations have caused.

Regardless of a civil lawsuit for false accusations, a criminal charge may also be made against the person who deliberately accused you of a domestic violence crime they knew you didn’t commit. An individual convicted of a false report of a crime in Georgia can be charged with a misdemeanor, according to Georgia law §16-10-26. If convicted, they can spend up to a year in jail and pay a fine of up to $1,000.

Another aspect of false allegations is the fact that it doesn’t necessarily matter if the claims are eventually proven groundless. Temporary orders may still appear on a domestic violence background check and hinder future education or employment opportunities. Above all, the stigma will probably follow the falsely accused of domestic violence for years.

How Can The Waltman Firm Help With False Domestic Violence Charges?

It’s not unusual for an ex-spouse to make a false accusation against their former spouse with the intent of spurring wrongful prosecution and harming their reputation. Probably the most important thing when fighting against false domestic violence accusations is to hire a criminal defense attorney who has already successfully handled cases like these.

Attorney Holly Waltman of The Waltman Firm can offer you strong legal guidance and explain what your options may be. It may be vital to take certain steps right away in order to protect your rights and achieve a positive outcome. So, the sooner you reach out to our law firm, the better.