I was falsely accused of domestic violence. If you are struggling with this realization, you are not alone, as false accusations in this area are not uncommon. People make false accusations for a few different reasons. An intimate partner might want revenge. Or a spouse in a custody dispute might want to give themselves an unfair advantage. Regardless of the reason, being falsely accused of domestic violence is a serious and stressful ordeal. A single accusation can disrupt your life and affect your relationships, employment, and custody rights. Therefore, it’s essential to act quickly to protect your rights and future. 

If you are wondering what to do if falsely accused of domestic violence, this article should help guide you through. The professionals of Comings Law will explain key defense strategies, and emphasize the importance of hiring experienced legal representation to help at this critical time.

Immediate Steps to Take

When facing false domestic violence accusations, the steps you take early in the process can make a significant difference in the outcome of your case.

Do No Resist Arrest

Getting arrested on false charges can be particularly upsetting. But do not respond by verbally arguing with the police. Do not attempt to resist arrest. The temptation might be there, but do not do it as resisting arrest—with or without violence—is a separate criminal charge that could bring additional negative consequences to your life. Try to remain calm and obey legal orders.

Secure Legal Representation

It is critical to hire an experienced criminal defense attorney as soon as possible. As early as your arrest and subsequent custodial questioning, you will want a seasoned lawyer to protect your rights. They can help right away by protecting you from improper police interrogations and tactics designed to make you incriminate yourself. So exercise your right to remain silent, and call us as soon as possible after your arrest.

Avoid Contact with the Accuser and Obey Release Orders

Feeling frustrated when accused of something you didn’t do is natural. But it is best to avoid contacting the accuser. Communication can worsen the situation, especially if a judge issues a no-contact or restraining order. If you violate such an order, even by contacting the accuser through a third party—you could face additional criminal charges. 

The judge might also have placed additional restrictions or obligations on you as part of your pretrial release on bail. Whatever the judge orders you to do, be sure to do all of it meticulously, as violating your pretrial release conditions could get you locked up until your case is resolved.

Gather Evidence to Support Your Case

Start collecting any evidence that could help show your innocence. Evidence might include text messages, emails, voicemails, social media exchanges, photos, or videos that contradict the accusations or document a motivation for the accuser to lie. Document your whereabouts and interactions leading up to the alleged incident, if possible.
You will want to share all of this with your lawyer, who will know which pieces of evidence to reveal to the prosecution and when. 

Key Defense Strategies for Domestic Violence Accusations

Building a strong defense requires a thorough approach tailored to your case. Common defenses include the following.

Demonstrating Lack of Evidence

California prosecutors must prove guilt beyond a reasonable doubt. If there is no physical evidence, medical records, or witnesses to support the accuser’s claims, your attorney can argue that the prosecution has failed to meet its burden of proof.

Claiming Self-Defense

Under California law, you have the right to use reasonable force to protect yourself or others from harm. If you acted in self-defense during the alleged incident, your attorney can argue that your actions were justified and proportional to the threat.

Presenting an Alibi

If you weren’t present at the scene of the alleged incident, an alibi can help challenge the accusations. Evidence such as receipts, witness testimony, or surveillance footage can help support your alibi.

Highlighting Inconsistent Statements

False allegations often come with inconsistencies or contradictions in the accuser’s version of events. By thoroughly investigating these claims, your attorney can demonstrate discrepancies that expose falsehoods and undermine the accuser’s credibility.

Understanding California’s Domestic Violence Laws

California’s domestic violence laws are strict and can lead to severe consequences, even for those falsely accused. Some important laws to be aware of include:

  • Mandatory arrests. Law enforcement officers must make an arrest if they believe there is probable cause for domestic violence, even if the evidence is weak.
  • Restraining orders. A judge can issue a temporary restraining order against you without your input. Violating these orders, even accidentally, can result in penalties.
  • Penalties for conviction. A conviction for domestic violence can result in jail time, fines, mandatory counseling, and a criminal record. Such a record can impact many areas of your life in the future.

False domestic violence accusations don’t just threaten your freedom—they can also have long-lasting effects on your reputation, career, and family life. Understanding these laws is critical to navigating your defense and minimizing potential damage.

Choose Gregory Comings to Defend Your Case

If you have been arrested for domestic violence in California, Gregory Comings is the attorney you need on your side. With over 20 years of experience in criminal defense, Gregory has built a reputation for his integrity, attention to detail, and dedication to his clients. 

Gregory is committed to uncovering the truth and ensuring false allegations do not destroy your life. He will work tirelessly to investigate the case, challenge the evidence, and advocate for your rights throughout the legal process. Gregory’s deep understanding of California’s domestic violence laws and unwavering commitment to justice make him the ideal attorney to fight for your future.

Don’t let false domestic violence accusations define your future. Contact Comings Law today to learn how we can help clear your name.