How to Conduct Yourself After Being Falsely Accused of Domestic Violence

Posted on: September 8th, 2023 by Dod Law

Falsely Accused of Domestic Violence

Your reactions when you learn that you’ve been falsely accused of domestic violence are probably one of shock, disbelief, and anger. Your first instinct may be to lash out or protest your innocence. You may want to try and convince the accuser to drop the charges. However, conducting yourself in these ways may hurt your case rather than help it. 

A domestic violence defense attorney can advise you on the best way to conduct yourself while your domestic violence case is being processed through the criminal justice system. Your behavior and actions can either help or hinder the legal strategies and efforts your attorney puts forth on your behalf. Following your attorney’s advice on managing your conduct will help get the best possible outcome for your case. 

Steps to Follow After Being Falsely Accused of Domestic Violence

Some of the most important ways to conduct yourself following your false allegations include:

Remaining Silent and Non-Combative During the Arrest

Emotions can run high when police officers arrest you after a false accusation of domestic violence. You may want to lash out because of fear and anger. However, being aggressive or disrespectful to the officers may substantiate that you are capable of the domestic violence your accuser is having you charged with. 

The officers will be able to testify about your behavior at the preliminary hearing, where the judge will determine if there is enough evidence for your case to go to trial. Remaining calm and passive during the arrest process will demonstrate positive character traits, making it less likely to believe you are capable of domestic violence. 

Refraining From Contacting the Accuser

You may be tempted to contact the accuser and convince them to drop the charges. However, these attempts may appear like you are harassing or threatening the accuser, even if that’s not your intention. Contacting the accuser and trying to reason with them may cause more trouble than it’s worth. An attempt to approach the accuser on this matter may give them a reason to request a restraining order, causing more legal problems for you.

There’s no need to contact the accuser once you’ve turned your domestic violence case over to your defense attorney. The attorney will submit motions asking for the dismissal or reduction of charges based on the evidence that is found. 

Following Restraining Orders Precisely

If the accuser has requested a restraining order from the courts, you must follow the terms of the order precisely. For example, the accuser may have requested and obtained a residence exclusion order. This type of order will require you to move out from where the accuser lives and take only clothing and personal belongings until a hearing is held. If you abide by this protection order without combativeness and in a peaceable manner, this will help your domestic violence case. 

The courts can impose other types of restraining orders, such as personal conduct orders and stay-away orders. Personal conduct orders restrict and stop specific actions. For a stay-away order, you’ll be asked to stay some distance from the accuser’s residence, place of work, vehicle, children’s schools, or child care. If you violate any of these restraining orders, more charges can be brought against you. 

What Happens When You Are Arrested for Domestic Violence in San Diego

Seek Legal Counsel From San Diego’s Experienced and Skilled Criminal Defense Attorneys at Dod Law, APC

The domestic violence defense attorneys at Dod Law, APC can advise you on how to conduct yourself after being falsely accused of domestic violence. We have many years of experience handling these types of cases and know that your actions and demeanor while going through the criminal justice process can significantly impact the outcome of your case.

With our over 19 years of experience, we will work hard to expose false testimony and refute evidence against you to get the best results for your domestic violence case. Call us at our San Diego office (619) 814-5110 | Vista office 760-814-6025 or complete our contact form for your free domestic violence case review today.