Defending yourself against a domestic violence charge
Learning that someone has accused you of domestic violence can be horrifying, especially if you know the charges are not true.
Domestic violence in California is a serious issue, and victims of domestic violence deserve protection from their abusers. However, one ugly truth many people may not want to face is that sometimes claims of domestic violence are false.
There are various reasons that someone may falsify allegations of domestic violence. They may be looking to gain an advantage in a custody proceeding or be bitter that a relationship ended.
A domestic violence conviction can be devastating
A domestic violence conviction can permanently impact your entire life. You will have a criminal record and face penalties including fines and jail time.
People with domestic violence convictions often face challenges securing employment and housing. A criminal record can also prevent you from pursuing an education or obtaining certain licenses.
Additionally, your friends or family may look at you differently if they believe that you are an abuser. You might be shocked to discover how quickly people turn on you.
This is why it is vital to put on a strong criminal defense against a charge of domestic violence. You may think the situation is hopeless and assume that a judge or jury will automatically believe the victim.
The prosecution must have direct evidence
Remember that as with any criminal charge, the prosecution must prove its case against you beyond a reasonable doubt. Many domestic violence cases come down to nothing more than a “he said, she said” situation.
You can use this to your advantage. When it comes to proving their case in court, the alleged victim must have more than just their word.
They must back up their word with evidence, such as witnesses, photos of injuries or messages showing any threats to kill or harm.
Undermining witness credibility
You can also attack the credibility of the victim or witnesses. You can produce your own evidence showing the victim’s dishonesty or cast doubt on the reliability of any witness testimony.
It is important to know that you are not required to prove anything. The burden is on the alleged victim.
You have rights under the law, and there are professionals who can help you assert these rights and defend yourself against false domestic violence allegations.