The Arrest ReportThe Arrest Report
Highlights in this Issue
What is Domestic Violence?
Interview with Darren Kavinoky
Getting Out of Jail: The Bail Process
Navigating the Criminal Court
Same Sex Domestic Violence
Child Custody and Domestic Violence
Domestic Violence Courts
Types of Domestic Violence Charges
If You are Also Abused
Firearms & Domestic Violence Charges
Domestic Violence and Immigration
False Reporting
  False Reporting
   
 

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.