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Unfortunately, there are some instances
where one person falsely accuses another of domestic
violence. Sometimes false reporting happens because a partner
is jealous or is trying to control the other partner. Sometimes,
an argument goes a little too far and someone will call the police
even though no physical touching occurred. This type of situation
can be devastating for all parties involved. It is well-known among
law enforcement and defense lawyers alike: the first person to call
the police is classified as the “victim,” and the other
person will later become the defendant.
A study conducted by the Department of Justice
found that a significant number of those who reported domestic violence
victimization were actually exaggerating or lying to the police
in order to manipulate or control their partners. If this happened
to you, you are no doubt terrified. It may seem that, once you were
falsely arrested, everyone believed you were guilty. In fact, if
you were falsely accused of domestic
violence, YOU are the victim
of domestic abuse.
The injurious effects of this type of abuse can
go on for the rest of your life. The most destructive part of this
situation is the potential loss of parental rights. Many people
who make false accusations actually use this method to maintain
control of the children. This may occur in the context of a divorce
or where there are children of unmarried parents. You could also
lose your job your financial stability, your reputation and your
home.
If this is the case in your situation, the most
important thing to do is to contact a criminal attorney. A skilled
defense attorney has no doubt dealt with this type of situation
before, and he or she will know how to handle your case. Do not
lose hope and do not let this false accusation ruin your reputation.
A person who falsely accuses another of domestic
violence is subject to legal punishment. Lying about domestic
violence can constitute perjury, which is severely punishable.
Perjury carries a potential punishment of up to four years in state
prison. In addition, there may be civil causes of action against
the person who falsely accused you. Your attorney should be able
to help you deal effectively with the person who lied about you.
Finally, there is hope. The key is to immediately
consult a criminal defense lawyer
who will work to ensure that the false report of domestic
violence does not stick. It is vital to get such a case in the
hands of trained professionals right away. Memories fade. Witnesses
die, move away, or become otherwise unavailable. A
criminal defense attorney can help ensure that justice is done
when justice means the dismissal of false charges.
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