Domestic violence laws are an important protection for people living in America, to make sure that they can feel safe and secure in their own homes, as indeed they should be. Yet these nobly-intentioned laws are among the most over-used and misused laws we have. This is a terrible thing because it undermines the good work that people are doing in protective services and sometimes exposes innocent people to terrible reprisals. In fact, some people have even been killed when they were falsely accused of domestic violence.
Obviously false accusations are a terrible thing, and nobody in their right mind should be tempted along that path. Unfortunately many people who are facing the prospect of divorce or separation are not in their right mind, and may have a distorted view as to what is acceptable. They may, in some cases, resort to all kinds of vicious tactics to try to force their recently estranged partner to capitulate to their demands or otherwise exert influence. That can include making false allegations to authorities, or threatening to do so.
According to leading Carlsbad domestic violence attorneys Fischer & Van Thiel, if you’re in that situation where your partner is threatening to make false allegations against you, it’s going to help in the future if you have some way to record the behavior. If you can discretely (or even overtly) use your cell phone to record the threat, as long as it’s clear that it’s a threat intended to deceive authorities, this evidence could secure victory for you in all future legal proceedings.
Making false accusations is a serious matter and the police may decide to press charges against the person who has wasted their time and placed other people in danger with their frivolous complaint. When police spend time dealing with a false accusation of domestic violence it’s distracting them from their duties where they could be helping other people who really are in trouble.
If you have been falsely accused of domestic violence, if an unjust or malicious restraining order has been issued against you, or if the lies of your partner / ex-partner have caused any harm to you in any way, you should seek the services of a qualified specialist attorney as soon as possible.
Be prepared with any evidence which may show that you are the victim of a calculated attempt to mislead authorities into taking action against you, or to show the social or financial harm that resulted from a false allegation. You may think that your chances are not very good, you may be concerned that what you have is not enough, but really you’re probably not qualified to make that kind of call.
If you were forced out of your own home by a fraudulently obtained restraining order, you can turn that situation around completely. This doesn’t just mean that you get to return to your home, but you can potentially obtain your own restraining order to force them out. The only way to find out is to get a lawyer and talk it through with them.
A lawyer can assess the chances of success based on their experience and training, and they can perform research that may indicate just how likely it is that you can clear your name and recover any assets that have been seized from your possession as a result of the false accusations of domestic violence.