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Addressing a false accusation of domestic violence

On Behalf of | Dec 24, 2021 | Domestic Violence

Many couples have disagreements from time to time. If one partner is falsely accused of domestic violence, however, it can have a devastating effect on his or her life.

Consequences

The partner who is making the false accusation may be able to request an order of protection from the court. This means that the court may order the accused partner to stay away from the couple’s shared residence and stay away from the couple’s child. It may also prevent him or her from going to the child’s school or the accusing partner’s workplace.

If the accused partner violates the order of protection, even if it is minor, he or she could be arrested and face jail time. Unfortunately, a domestic violence accusation may also have long-term effects on child custody matters.

Potential defenses

An experienced attorney can provide advice specific to the individual’s circumstances, however, there are some general defenses to domestic violence that are helpful to know.

The accused person can present evidence that the accuser has the wrong suspect. This may be successful where the accused can prove that he or she was not there when the alleged domestic violence occurred, which may include witness statements.

Also, many accusations are made in order to keep the partner away from the couple’s child. If the accused person does not have a previous record of domestic violence, but is involved in a contentious divorce or separation with child custody issues, that may be presented to the court as well.

Finally, the accused person may be able to prove that he or she acted in self-defense if he or she had to act to protect themselves or their child from an imminent threat.

If a person has been falsely accused of domestic violence, there is help available.