Combatting false claims of domestic violence is challenging, especially when you consider the court’s propensity to believe the victim. The court’s suspicion is tremendously amplified when a former military member is the accused. It is essential to read the allegations carefully, gather contradictory evidence, identify contradictions, and prepare for a trial.
Here are some steps you must consider preparing to defend against false claims of domestic violence:
Do not communicate at all with the accuser or anyone close to the accuser.
Stay away from the physical location where the accuser is.
Stay calm and collected: Dealing with false accusations is emotionally challenging, but it’s crucial to remain calm and composed throughout the process.
Avoid any actions or behaviors that could be perceived as aggressive or retaliatory. Do not send any communication whether written verbal or digital to the accuser or anyone close to the accuser.
Do not try to convince the accuser to drop the accusation.
Document everything: Gather evidence including records of all interactions with your spouse, including conversations, emails, messages, and incidents. This documentation can be used as evidence to defend yourself against false allegations.
Gather witnesses and evidence: If there were any witnesses to incidents or situations related to the false claims, try to collect their statements or testimonies. Work with an attorney to do this. You want to avoid being accused of trying to communicate indirectly, or even worse, being accused of threatening the accuser. Additionally, gather any relevant evidence, such as photographs, videos, or other documents that can support your case.
Consult with a lawyer: It is essential to seek legal counsel from an experienced attorney who specializes in family law and is familiar with the bias in the judiciary against military members – bias that assumes anger and aggression. A lawyer can help you navigate the legal process, protect your rights, and develop a strong defense strategy.
Notify your commanding officer or chain of command: If you’re a military member, inform your commanding officer about the situation as soon as possible. They can guide you through any military-specific procedures and provide support during this challenging time.
Cooperate with investigations: While it’s essential to defend yourself against false allegations, it’s equally crucial to cooperate with any official investigations or inquiries. Avoid any appearance of obstruction or noncompliance, as it may harm your case.
Seek counseling or therapy: Dealing with false allegations can take a toll on your mental and emotional well-being. Consider seeking counseling or therapy to help you cope with stress, anxiety, and other emotional challenges during this time.
Maintain a support system: Surround yourself with friends, family, or support groups who can offer emotional support and understanding during this difficult period.
Avoid engaging in public disputes: While it may be tempting to defend yourself publicly, engaging in public disputes or discussions can negatively impact your case and reputation. Instead, focus on resolving the matter privately and through the appropriate legal channels.
Be patient and persistent: Resolving false claims of domestic violence can be a lengthy process. Be patient and persistent in pursuing the truth and clearing your name. Let your lawyer handle legal matters and follow their advice.
False claims of domestic violence can have severe consequences for both the accused and the accuser, so it’s crucial to handle the situation responsibly and in a way that ensures justice for everyone involved
If you’re going through a domestic violence matter, you need as much social, psychological, and legal support as possible to help you get through this challenging time. Pare & Associates is a Germantown and Silver Springs law firm with an experienced team of family law attorneys who can help you with various issues around your divorce. Call us at 301-962-2492 to schedule a FREE consultation.