Domestic violence is a very serious matter. In the United States, 1 in 5 people who are killed by a partner have experienced domestic abuse; this is a matter that affects millions of people per year.
Unfortunately, false domestic violence allegations are also a relatively common occurrence– and because the matter is taken seriously, these allegations can have serious repercussions, even if the accused party is innocent.
Why would someone make false domestic violence allegations?
It’s no secret that divorce can be a very complicated and contentious matter. This is especially true when children are involved, in addition to things like assets and a family home. Someone might attempt to make false allegations to take advantage of the many protections that exist for victims of domestic violence; these protections may allow them to keep the family’s home and obtain full custody of their children.
What do I do if someone is making false allegations against me?
As lawyers, our first piece of advice is always going to be “contact your lawyer”. However, this is especially true in the case of a domestic violence allegation.
Even if the claim is wholeheartedly false, it will still be taken seriously by the court. It’s highly inadvisable to go to court unprepared to fight the case. Although you may be one hundred percent certain, without a doubt, that the abuse never occurred, your accuser and their counsel might be ready to supply the court with evidence or a statement that could easily result in charges for you.
Our second piece of advice– which is just as important for protecting your name and your case– is to remain as calm as possible. Reacting to the allegations with anger of any kind can only give your accuser and their counsel ammunition that can and will be used against you in court.
Although you might be outraged, reacting negatively will only make you look bad. It won’t encourage your accuser to recant the charges, and it won’t help your case at all.
How could this happen to me?
Trying to process these false accusations will most likely be incredibly difficult for you. In the case of domestic violence, the accusing party is most likely someone with whom you shared an intimate relationship at some point. If they are a spouse or ex-spouse, you may have many happy memories together that predate the current struggles, and it might be hard to come to terms with the fact that they would do this.
We highly recommend seeking support in these scenarios. While it’s not a good idea to publicly seek support by posting on social media (we recommend avoiding mentioning the relationship at all on social media at this time), you might greatly benefit from seeking mental health counseling. It’s not an admission of guilt or weakness to seek out therapy, and a therapist is qualified to help you understand what’s happening and how you can move on from it after the trial has concluded.
What to do in the meantime
Your attorney will advise you on all of the necessary steps to take to protect yourself, but it’s very important to document absolutely everything. Find text messages, email conversations, phone videos, security camera videos– anything you possibly can.
These might end up being used as evidence in the case, and they might not, but gathering as much information and context as possible will help us understand the complexities of your specific situation, which will in turn prepare us to protect you to the best of our abilities.
Don’t panic.
We’re highly experienced and knowledgeable, and we’re motivated to provide you with aggressive legal representation that’s fitting for these very serious allegations. Don’t get angry, don’t panic, and don’t react– just contact us, and we’ll get started on your defense.
You can get in touch with us by phone at 501-500-9292, by email at Bobby@BobbyDigbyLaw.com, or through our contact form. Remember, we’re here to help you.
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What Is Entrapment and How Is It Proven in Arkansas?
Entrapment is a legal defense that can arise when law enforcement induces a person to commit a crime that they otherwise would not have committed. While undercover operations, confidential informants, and other investigative techniques are commonly used by police, there are limits to what officers can do when investigating suspected criminal activity. Understanding where that line is can be important if you are facing an arrest charge based on an undercover investigation.
At The Digby Law Firm, we help clients throughout Benton, Bryant, Little Rock, and Central Arkansas understand their rights and evaluate the circumstances surrounding criminal investigations. An allegation resulting from an undercover operation does not automatically mean entrapment occurred, but the methods used by law enforcement may deserve careful examination.
What Happens If You Fail to Appear in Court
Missing a court date may seem like a minor mistake, particularly if you simply forgot the date or were unable to attend because of an unexpected circumstance. However, failing to appear in court can create additional legal problems and may result in a warrant or other consequences. If you are already facing criminal charges, missing a required appearance can make an already stressful situation considerably more complicated.
At The Digby Law Firm, we help clients throughout Benton, Bryant, Little Rock, and Central Arkansas understand what can happen after a missed court date and what steps may be available to address the situation.
Can a Case Be Reopened After It Is Closed?
Many people assume that once a criminal case is over, the legal process is complete. In reality, certain cases can be reopened under specific circumstances. Whether new evidence is discovered, procedural errors are identified, or constitutional concerns arise, there are situations in which courts may revisit a previously resolved case.
At The Digby Law Firm, clients throughout Benton, Bryant, Little Rock, and Central Arkansas often ask whether a case can be reopened after it has been dismissed, closed, or resolved through a conviction. The answer depends on several factors, including the outcome of the original case and the legal issues involved.