Domestic violence is defined as a violent act, or the threat of violence, carried out between two family members, or two people who share the same residence. As such, domestic violence — or family abuse as it might be called in certain legal texts — only occurs between people who share a history together. When two people who were somewhat close grow apart, they can become spiteful and go to shocking measures to harm or inconvenience the other, including reporting false accusations of domestic violence.
Due to the severity of domestic violence and the immediate danger it places someone in, law enforcement officers need to take every report about it with utmost seriousness. In some counties, a police officer might be required to make an arrest at a scene of alleged domestic violence, even when there is no evidence of conflict at all. For this reason, someone acting out of spite and vehemence may knowingly lie to police by claiming they were a victim of family abuse. Even if no charges are filed, they still get the wicked satisfaction of putting an arrest mark on the accused person’s criminal record, and possibly landing them behind bars for a few hours or days.
Proving Domestic Violence Charges Are Baseless
Knowing how relatively easy it might be to get someone arrested or slammed with criminal penalties by false accusing them of family abuse, you need to know what you can do to protect yourself in case it ever happens to you. Using factual evidence and the guidance of a criminal defense lawyer, you may be able to disprove the accusations before any formal charges are filed against you.
Evidence you can use in your defense when accused of domestic violence includes:
- Medical record: Many real incidents of domestic violence end with the victim requiring medical attention of some kind. If you can get a copy of your accuser’s medical record, then you and your lawyer can scan it for any medical checkups around the alleged dates of abuse. An absence of any care for unexplained injuries could be argued as evidence that no violence actually occurred.
- Police report: The police officers who responded to the call of your alleged domestic abuse should have created a detailed report of what happened. Oftentimes, conflicting information from the accuser can be noticed in these initial reports, indicating a fabrication of the truth is being told to the officer.
- Trusted testimonials: Your reputation and good name can serve as strong evidence in your domestic violence defense case. See if anyone who has known you for a long time, or notable public figures or professionals, will speak to police about your nonviolent disposition.
- Social media: Perhaps a trusted friend or family member has still been granted access to your accuser’s social media profiles. Now is the time to screenshot everything that your accuser puts out into the world. It may save your freedom and your reputation.
If you are ever falsely accused of domestic violence in Virginia, let me, Fredericksburg criminal defense Attorney Andrew J. Cornick, act in your defense. With more than a decade of legal experience as both a defense attorney and a former prosecutor, I have unmatched insight and knowledge I can use to shield you from the unforgiving hand of the criminal justice system. Discuss your case with me and your team today by calling (540) 827-4446. You can also contact my firm online if you prefer.