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There is no denying that domestic violence charges are concerning, and state prosecutors take them seriously. Besides the immediately worrying possibilities of paying fines, spending time in jail, and opening a criminal record, these charges stand to damage your reputation. Unfortunately, countless individuals have their lives uprooted because of false allegations.
Why do people lie about domestic violence in the first place? If your partner accuses you of domestic violence, you must immediately retain a San Diego criminal defense attorney. They can defend you against these allegations and prove your innocence.
Separations, Divorce, and Child Custody
One of the most common reasons for false domestic violence allegations is to gain legal leverage over the other party regarding divorce or child custody proceedings. People make these false claims to subvert the legal process for the accuser to gain the upper hand in divorce and child custody cases. Unless they can disprove the claim, the accused person typically suffers a greater financial loss in divorces and may lose partial or total custody of children.
Revenge Motivated False Allegations
An individual might make a false domestic violence claim toward another for revenge or out of jealousy. For example, a former partner may claim you were violent toward them after a break-up. Infidelity is another reason people make false allegations. When someone is unfaithful in a relationship, the other party may desire to get back at the other by making false allegations against them.
Misunderstandings May Lead to False Domestic Violence Allegations
There might be some cases where one party accuses the other of domestic violence after a heated argument. Perhaps there was only shouting, or maybe the only physical contact was the grabbing of an arm or hand. Even if there was no physical harm to the accuser, they might still claim domestic violence.
Defenses against Domestic Violence Charges
Once you have been charged with domestic violence, you must act quickly. The accuser and their attorneys are already working on a case against you, and California state prosecutors are aggressive in these cases. You will need an attorney who is equally aggressive and can protect you from an unfavorable outcome.
Remember, you must be extremely honest with your domestic violence attorney about the situation and the facts surrounding it. They will investigate the accusations and work with you to create a robust defense. Some domestic violence defenses may include:
- You did not commit domestic violence
- The accuser lied
- It was an accident
- You were defending yourself
- The prosecutor cannot prove the charge beyond a reasonable doubt
Hiring an attorney is of the utmost importance to protect yourself against the worst possible consequences of a conviction. With a skilled domestic violence defense lawyer on your side, it may be possible to avoid or reduce the impact of a domestic violence charge. Even for first-time offenders, the potential penalties upon a conviction are life changing, and may include jail time, hefty fines, probation, child custody issues, permanent criminal record, or loss of professional licenses and certificates.
Experienced Domestic Violence Defense Attorney in California Is Here to Help
If you are facing domestic violence charges in California, you must discuss your case with Dod Law. False allegations are common and can be a way for the accuser to shift responsibility onto the abused. Attorney Dod has worked on more than 6,500 criminal cases, so you can be confident that he has the skill and experience needed to handle your case. With a 10.0 Superb rating on Avvo, Attorney Dod will do everything possible to expose the truth while protecting your rights and best interests. Call (619) 814-5110 or complete our contact form to schedule a free consultation.