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What To Do if You Have Been Falsely Charged With Domestic Violence

Posted on July 19, 2022July 25, 2022 by The Times USA News

Violence against women and families is illegal. The Crimes (Domestic and Personal Violence) Act of 2007 defines it. Family and domestic violence is a felony that can take many different forms. When one abusive partner attempts to oppress the other forcibly through violent abuse, battery, stalking, or disorderly conduct, it is considered domestic violence and a crime.

An individual’s domestic violence accusation must have its legitimacy confirmed. Often, the accused is being falsely accused of committing the crime and is being set up by the accuser. In such cases, the accused can consult domestic violence lawyers in this case.

What does the term “domestic violence” mean?

“Domestic violence” is typically a form of relationship abuse, particularly physical assault between companions. 

A person who has or currently has an intimate relationship with another person is referred to as a “partner”; examples include a spouse or de facto partner, a boyfriend, or a girlfriend. However, abuse that takes place in any relationship inside households can also be “domestic violence” or “family violence” (i.e., abuse of children, elders, or siblings).

How to protect yourself if you have been charged with domestic violence?

Save Any Evidence That Could Show Your Innocence.

A defendant’s defense plan will only be successful if sufficient evidence supports their innocence.

One of the proofs, for instance, can be snapping pictures of your hands soon after alleged physical abuse occurred. It will be simpler to demonstrate that there was no physical altercation between you and the complainant if the victim has no scars, scratches, or swellings.

Additionally, you might wish to keep a record of any written correspondence (through SMS, chat messages, or emails) to show whether a contentious disagreement occurred before the occurrence.

Engage a domestic violence lawyer

Talk to a skilled defense attorney right away if you believe you have been falsely accused of a domestic violence felony. A lawyer can offer the most robust defenses for your case and assess the quality of the evidence used against you.

Never talk to detectives or public prosecutors without first seeing a lawyer, as anything you say to them will be used against you in the trial. Many domestic violence lawyers can help you with this.

Pay the bail bond promptly.

You may be given a restraining order by the court and instructed to avoid the victim if you are accused of committing a felony as serious as domestic abuse. However, if the court determines that you pose a danger to the victim’s safety, you may even have to do time in prison. 

At times like this, don’t lose your cool. Your attorney can set up the paperwork needed to obtain a bail bond and work to get you released from custody. After that, to maintain your freedom, you must adhere to the terms outlined in the release form.

Along with the bail application form, you might also need to pay the court a set sum of money.

Deliver a Credible Defense in Court

Tell your lawyer everything that happened so they can construct a solid defence to demonstrate your innocence in court. 

As the accused in a domestic violence case, you have the right to use whatever exonerating information the prosecution may have that would strengthen your case. If you believe the testimony of any witnesses at the crime scene will strengthen your case, subpoena them. The court may recognize your plea and drop the accusations against you if you can convincingly show your innocence.

Conclusion

Domestic and familial violence is actions that intimidate, control or force a person. You should be cautious in handling the matter if you have been wrongly accused of domestic violence and make sure you take the required legal steps to prove your innocence.

 

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