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Many people get arrested for false accusations, especially about domestic violence. The way our system handles this issue could be the problem. The judge or jury base their decision on the facts presented by the prosecution and the defendant. And there is a possibility that the defendant may lose, even though he/she is “innocent.” The result could be life-changing (long term imprisonment, job loss, loss of child custody, etc.). Attorney Ross C. Goodman himself stated that this is one of the most frequent type of cases that he handles. If you wish to know how to defend yourself against false accusations, read on.
The Problem
We have scoured several forums and legal website to find similar cases. Our findings show that there are A LOT of people who face this dilemma. A quick search would show you hundreds of complaints about false domestic violence charges. Here are few examples.
(The names and photos are intentionally hidden to protect their privacy)
# 1
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Assuming that these stories are true. Let us try to analyze what is going on.
- Yes, most of them (and probably you) are just trying to live their normal lives before they were falsely accused of domestic violence.
- It can happen to both genders.
- You can be falsely accused of anything related to domestic violence such as:
- Beating (Battery)
- Rape
- Stalking
- Property damage and so on.
- The law system might not be in your favor.
What could happen to the victim? What to expect?
Let’s assume that you are one of the falsely charged victims. Here are the things that could happen.
- It might cost you everything you own. Oftentimes, the fines are too high that ordinary people cannot afford to pay them.
- You might lose your job.
- You may incur criminal records for something you didn’t do.
- You could lose custody of your children (if you have any).
- The court may issue a temporary restraining order.
- It can damage your relationship with your partner (which could lead to divorce).
- You could be imprisoned for several days or several months.
- It could change your life.
How to defend yourself against false accusations?
Apparently, there is not much you can do at this point if you are already in this tight situation. But what you should do is what you “can do”, that is to secure a domestic violence attorney as soon as possible. If you contact an attorney earlier, there’s a higher possibility for you to win the case.
You should not worry about the cost.
It is common that outstanding lawyers have higher professional fees. Keep this in mind: you will lose a lot more if you lose the case. An exceptional attorney is most likely to win the case compared with other lawyers.
A lot of law firms offer free consultations for these types of cases. You should visit several attorneys and ask for quotes. You can easily estimate your legal expenses by doing that.
But what If I don’t really have the money to hire a lawyer?
The court can appoint a public defender for you.
Besides hiring a lawyer, what are other things that I should do?
There are actions that we recommend you to take:
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Inform your family members about the case immediately.
Do not let them hear the news from someone else. Let them know that you are innocent and that you are the true victim. Do not let the false allegation stain your reputation. Family members can provide you with the much needed support.
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Protect your privacy
There are times when accusers manipulate evidences using resources that are available within reach. They may send threatening messages through using your e-mail or mobile phone. They may also take your laptop, computer, credit card, birth certificates, driver’s license, etc. and use them against you. Hide your personal belongings and don’t let others touch them.
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Think twice before you answer questions. Remember that you have the right to remain silent.
Remember that your words can be used against you. Refrain from answering questions out of impulse and stop reacting to rumors and gossips.
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Try not to be consumed by depression and stress.
Remember, there are still people who respect, believe and care for you – your family and your friends. You can turn to them in situations like this. You can ask them for financial assistance or even for moral support.
Related Read:
Las Vegas Domestic Violence Law — All you need to know about domestic violence.