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.