If someone falsely accuses you of domestic violence it can seriously damage your reputation and wreak havoc on your life. The State of Nevada takes domestic violence reports very seriously, meaning that they move swiftly and apply some harsh penalties.
Even if your case doesn’t get that far, once you have been a defendant in a domestic violence case, that incident will follow you for a long, long time. It can affect your job security and your housing situation, ruin significant relationships, and strip you of certain rights.
Domestic violence is a serious crime with serious consequences. It is overwhelming to have the police knock on your door or haul you out in handcuffs or just make you a suspect of domestic violence when you are not guilty of the crime.
And suddenly you are the victim.
The majority of domestic violence cases lack the crucial evidence that is needed for a conviction. However, just the fact that you were arrested and charged with domestic violence can be very destructive. Even when you have proven your innocence and the charges are dropped, you may still struggle to restore your reputation and return to the life you had before.
Here’s some information on what to do when you are falsely accused of domestic violence.
What do you do if someone is making false DV accusations about you?
When you learn that there are false accusations against you, take these steps:
- Contact an attorney right away – False claims of domestic violence are not uncommon so even though your case looks difficult, it may not be as bad as you think. Nevertheless, you need an experienced attorney who knows the ins and outs of domestic violence cases and can navigate the complex court system. Your attorney will also help you understand what is happening in your case and what your options are. They will also work with you to develop a solid defense strategy. Your best chance of emerging virtually unscathed from a false accusation of DV is to hire a domestic violence attorney immediately.
- Cut off all communication and contact with your accuser – Even if you feel like you need to talk to your accuser, to reason with them, don’t. If they have falsely accused you, chances are they have made up their mind about what events occurred, whether they are true or not. You can’t reason with them and you will likely only dig yourself a deeper hole. Additionally, there will likely be an order of protection against you, as is standard in most DV cases so you would be in violation of that order. The best thing you can do is leave that person alone, so text, message, phone call, or social media posts.
- Save any communication that they send to you – If your accuser is communicating with you, save all of it. Do not reply or respond in any way, but make sure you save all of the messages, emails, and other forms of communication so that you can turn them over to your attorney. Also, if they try to call you, do not answer.
- If there were injuries, see a doctor – If you were injured during that situation, see a doctor. This could help your case, especially if you acted in self-defense or if you were just trying to get away from the person. A doctor can note defensive wounds and often tell if you were injured while protecting your body or head. Keep all records and notes from every doctor, ER, PT, or other type of visit with your healthcare professional. Document everything.
- Put together any evidence that you have showing the allegations of abuse are false – If you have any evidence that shows the allegations are false, get them together. For instance, if your accuser claims that you were drunk, but when you were arrested you were given a breath or blood test and your BAC was below the legal limit, that hurts their case. Keep all the documentation you have and let your lawyer look at it to decide what to include or what will be useful in your case. Sometimes the most insignificant thing can have a huge impact.
- Gather evidence of any patterns of behavior – If your accuser has falsely accused someone in the past or has done similar things you should note that. If they have exhibited erratic or irrational behavior, that should be noted as well. Look for anything that can establish a pattern of behavior and pass it on to your attorney.
- Recruit some witnesses who can support your side of the case – Witnesses can be a big help. If anyone was present when the alleged incident occurred and they believe you were wrongly accused, recruit them as a witness. The same goes for anyone who may have had conversations with your accuser and been told what they were going to do – or even hinted at it.
False accusations of domestic violence are not something you can ignore and hope it goes away. It isn’t going away and you need an attorney now to make sure your rights are protected. Call the ATAC Law Firm and get the representation you deserve.
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