Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
If you have been falsely accused of domestic violence, there are numerous things that you can do to protect yourself in the short term. There are also several common legal defenses to raise against the allegations. However, there are also several courses of conduct that you should avoid, as they generally make the situation even worse.
After being accused of domestic violence that you know you did not do, you should strongly consider doing the following five things:
Taking these steps can mitigate the damage of the false allegation.
The most important thing to do after being wrongly accused of domestic violence is to hire a lawyer. The attorney you hire should be experienced in criminal defense cases and should have handled domestic violence cases before.
Hiring a lawyer immediately after the allegations are made does two important things. It:
By establishing an attorney-client relationship with a lawyer and getting their legal advice, you can drastically reduce the stress of the situation.
With the help of your lawyer, you should gather evidence about what happened. This can include things like:
Anything that contradicts your accuser’s story is relevant.
It can help to write down what happened after being falsely accused of domestic violence. This makes you go over what you remember and sort out what actually happened.
Doing so right after the allegations are made can ensure that your memories are still fresh.
If you have any online accounts that you share with your accuser or that your accuser knows about, you should change the login information on them immediately. This includes things like:
This can prevent your accuser from logging in and creating fake evidence for their false allegations.
Even false allegations of domestic violence frequently lead to restraining orders. Complying with one generally means that you have to live somewhere else. Seeking out alternative living arrangements right after the false accusation can give you a head start. It can avoid a situation where you have to scramble for accommodations.
Additionally, moving out creates separation from your accuser. This can reduce the tension and the likelihood that another incident will happen.
There are also courses of conduct that are likely to make things worse. Unfortunately, in the heat of the moment, some of these actions may seem like a good idea when they are not. 4 are:
Many people who know that the domestic violence allegations are fake will confront their accusers. This is a bad idea for three main reasons:
Deleting any evidence that is relevant to the allegations is also a bad idea. It can make it seem like you are hiding something or trying to control the narrative.
Any interaction that you have with your accuser is a risk. After a fake allegation of domestic violence, you should generally avoid them.
If you must interact with them, you should only do it with a trusted third party alongside you at all times.
If you must communicate with your accuser, you should only do it in writing.
If a court issues a restraining order, you must comply. This involves two things:
You can be charged with a new crime if you violate a restraining order. This offense is generally a misdemeanor.[1] You do not want to face a real and legitimate criminal charge and potential jail time because of false claims of domestic abuse.
When the allegations that you committed an act of domestic violence are groundless, it is easier to prove them wrong. Several legal defenses that you can raise are:
A domestic violence defense attorney will know which of your legal rights to invoke against the domestic violence charges. Getting skilled legal representation from a domestic violence lawyer can ensure that the false allegations do not lead to you having a criminal record.
You may have additional legal recourses if one or more of these defense strategies show that the allegations were false. If the alleged victim reported the case to law enforcement, they may have committed perjury or filed a false police report. You may also have grounds for a defamation case.
There are numerous reasons why accusers falsely claim they have been domestic violence victims. A few are:
For example, the lawyers at our law firm have found that one of the most common times for false allegations of spousal abuse to be made is during a divorce. If timed well in the legal process, the false allegations will still be undefended at a crucial family law hearing, such as the one that settles alimony or a child custody battle. They can influence the results of this hearing and give the accuser the upper hand.
Legal References:
[1] See, for example, California Penal Code 273.6 PC.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.