Falsely Accused of Domestic Violence?
San Bernardino Domestic Violence Attorney
Have you been falsely accused of domestic violence? Have you been forced to leave home and are now being forbidden to spend time with your children? Now as an alleged domestic abuser you are left with the burden of proof to persuade the court that you are innocent and did not commit this heinous act of abuse. People who make false accusations are only causing harm by shortchanging the true victims of domestic violence. Innocent people are falsely accused of domestic violence every day and some are even convicted based upon testimony and allegations alone. The system is not always fair. Tthe court system states that you are innocent until proven guilty but they do not always give you a fair trial when you are facing serious and violent allegations. If you have been accused of domestic violence, then you must take swift legal action to clear your name. Speak with a San Bernardino domestic violence lawyer from our firm today and learn how we can help protect your rights.
Are you facing a domestic violence injunction?
A domestic violence injunction (DVI) or Emergency Protective Order (EPO) is where someone alleges that another individual beat then, pushed them, hit them or threatened to physically harm them, and a protective order is issued immediately and served on the accused. In light of the growing VAWA movement or (Violence Against Women Act), many women are under the impression that they only need to provide hearsay allegations that her or her children are in physical danger to prove a domestic violence case. In some states that is enough to bring about a mandatory arrest of the accused but there should be an obligatory requirement of proof or evidence in order for the allegation to be taken seriously. Many individuals use false accusation tactics in child custody cases because they want to win sole custody of the children and alienate the other parent. Many people misuse these claims in order to cheat the system that was designed to protect them.
The implications of these allegations are severe as they can result in a restraining order and an eviction from their home. Not to mention it can keep you from spending time with your children and cost you financially in legal fees. In the state of California, you can actually be convicted of a minor misdemeanor domestic violence charge without any physical evidence according to the Penal Code 243(e)(1). Need a Riverside lawyer to fight false domestic violence accusations against you? Here at The Law Offices of Ty Martinez we find that this statute has created an environment where many innocent people are wrongly accused and convicted of domestic violence. A domestic violence conviction goes on your criminal record. With a domestic violence charge on your record it can make it very difficult to obtain gainful employment and to keep your children close. We also believe that the police rarely get both sides of the story and they end up arresting the wrong person because they have personal biases. It is important that if you fight back and contest the false allegations against you, do not sit back quietly and let the case take its course.
How to Defend Against False Domestic Violence Accusations
Making false allegations of domestic violence is a new tactical weapon that many women or men use because once the accusations are made, the defendant is typically presumed guilty. Once you have been accused of this violent behavior it is unfortunately your burden to prove your innocence while also dismantling the credibility of the accuser's claim. There are however, some helpful tips and steps that you can take to counter these false accusations. After the accuser makes false allegations against you it is encouraged that you do the following:
- Obtain a hard-hitting attorney to protect your rights.
- If there is a restraining order out against you, be sure to strictly abide by all the terms and conditions. The accusing party will most likely try to get you to break it and cause you to be in violation so you face further legal repercussions. If the other party ever contacts you claiming that they "need" to see you, then keep a written log of their attempt. This will prove to the court that the accuser doesn't believe that they are in any real danger. Do not respond to, or meet with the accuser.
- Speak to your attorney about your legal rights as a parent or a father. Knowledge is key in this case.
- If you are innocent be sure to remain persistent and stay your ground. It is also best to keep your cool and remain calm and professional throughout the case. Do your best not to get angry because they will be looking and anticipating that reaction.
- Remember that the accuser is in fact breaking the law. Making false allegations in court can be perceived as perjury and if you prove your innocence they could face legal implications.
Domestic Violence Lawyer Serving Riverside, CA
Facing false domestic violence accusations in San Bernardino? Here at The Law Offices of Ty Martinez, we are dedicated to protecting the rights of the accused. If you have been accused of domestic violence, assault, abuse or
endangerment, then we can help fight to preserve your reputation and to clear your name of the charges. Our firm has had great success in getting domestic violence charges reduced or dismissed completely and we will work tirelessly to obtain a favorable outcome in your case. Restraining orders and domestic violence accusations are not to be taken lightly, if you do not stand up for yourself you could be facing jail time and ultimately lose custody of your children. Now is the time to fight so that your criminal record remains clear and these accusations do not follow you into the future. Call to schedule a free consultation today and
speak with a San Bernardino domestic violence attorney from our firm!