Fisher Law Office

Dealing with false claims of domestic violence

Someone can accuse you of being many things, and your life will not change because of it. However, if someone claims you have committed domestic abuse, the ramifications may be swift and long-lasting. Domestic violence is a crime of control, and those who seek help from dangerous family situations often have a small window of opportunity to escape. Laws allow California police to act quickly, and courts often err on the side of the victim.

This is common knowledge. Unfortunately, those who know these things about domestic violence laws may make use of the advantages the law offers the victim, especially when divorce or other family law disputes are a factor. If you are currently facing accusations that you abused your spouse or children, you have a right to be concerned. Your actions from this point forward can greatly impact the outcome of your case.

How abuse allegations can harm you

Domestic abuse is one of the few crimes for which you are assumed guilty before the court rules. While this safeguard is for the protection of abuse victims, it may be devastating if you are facing false allegations of abuse. Almost immediately, you may experience the negative impact of the accusations, including:

  • Damage to your personal reputation
  • Damage to your professional reputation
  • Loss of contact with your children
  • Damage to your chances of obtaining child custody or even visitation without supervision
  • Loss of certain constitutional rights, such as the right to purchase or own a gun
  • Potential jail time

Because of the control an abuser often has over a domestic violence victim, some victims are quick to recant their accusations. This may be because they fear their abusers or because they feel an unhealthy loyalty. For this reason, the courts generally proceed with domestic violence charges even if the victim recants.

Protecting yourself

There are important steps you can take if your spouse has falsely accused you of domestic violence. First, it is important that you do not say or do anything that will support your spouse's claim that you are violent. Refrain from reacting in anger, sending threatening text messages, or trying to make contact with your spouse or children. Change the passwords on your computer, email, and messaging accounts, and contact an attorney for advice about the best way to proceed.

Even if your spouse has not yet involved the police, you may benefit from legal counsel if your spouse has made any threats or indications that he or she intends to make such devastating claims against you.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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