The definition of domestic violence can be broad, and open to much interpretation, but the penal consequences are very serious, and life-altering. This is rooted in the noble aim of protecting the aggrieved parties from any further potential harm. Yet this prospect means that the accused parties have the difficult onus of proving their innocence, or the level of involvement in wrong-doing, so that the authorities can take proper measures and put forth adequate punitive considerations for a judge, when the time comes.
Some of the most difficult scenarios entail false accusation of domestic violence. These mostly rise when aggrieved parties are trying to gain the upper hand in an imminent divorce situation. This means parties who cry “victim,” can ask for restraining orders, or have the accused temporarily lose rights to property, finances and most seriously, custody of children.
How can a falsely accused person push back against the tide of indemnity? Here are some pointers that we put forward that will ensure a vigorous effort to clear the name of the wrongly accused.
Retain the services of a reputable and experienced lawyer. Nothing sends out the message that one is serious about pursuing justice and uncovering the truth than reaching out for help from experts in the field.Gather evidence. This entails the careful and organized collection of supporting documents that reveal the trajectory of the relationship. This means collect emails, text messages, voicemail messages, letters; whatever communication evidence that can back up claims of a dishonest portrayal of one’s actions and disprove accusations.Records of property ownership can protect a feuding partner from seizing control of personal belongings that could be claimed by the victim. Should evidence materialize that reveals the true ownership of the items in question, false claims of ownership can be challenged.A lawyer can easily work with local law enforcement to retrieve some personal effects needed by the accused parties from a domicile in cases of an enforced restraining order. Keep in mind that you should act quickly so that important documents don’t go missing, but the accused should never visit the residence or attempt to have others do so on their behalf. The consequences of ignoring a restraining order will only create more detrimental problems for the falsely accused.With the support of skilled investigators, hired on behalf of the accused, a defense can be built around facts and a thorough study of the story line which has to be put into context. Investigators have the interview skills and objective view which dismantle hearsay and dubious claims. Their input is vital in court room settings and provide the expert point-of view that judges listen to.
We cannot stress enough the importance of evidence gathering, which can make or break a case for those falsely accused. Contact us to learn what evidence is relevant in your case and how to properly attain it and present it. Protecting your reputation and working out those family issues towards a satisfactory outcome is what is most important when working to right the wrongs that have occurred.
