Falsely Accused of Domestic Violence
Domestic violence and domestic battery are two criminal charges that should always be taken seriously as they can negatively affect both men and women in Michigan and across the country. According to the Michigan Department of State Police, there were 64,545 incidents of domestic violence reported in the state in 2022. Many of these incidents were no doubt valid, but what’s also true is that sometimes a person can be falsely accused of domestic violence and this can be just as harmful.
If you’d like to know what to do when you’ve been accused of domestic violence and are in Bay County, Michigan, or in, Bay County and Midland County, reach out to our team at Revolution Law PLC. Here you can meet with a skilled criminal defense attorney who can educate you on your options and provide you the expert legal representation you deserve.
Consequences of a Domestic Violence Charge
There’s no worse feeling than being accused of something you didn’t do. What’s worse is when that accusation also has the potential to bring with it serious penalties. You may be feeling distraught, confused, or even angry if you’ve been falsely accused of a crime like domestic violence, but there is help available. Once charged, you’ll need to act quickly to find a lawyer who can start working on your defense to avoid the possible consequences of a domestic violence charge. The exact nature of your charges will determine exactly what the penalties could be, but they may include:
having a personal proactive order (sometimes referred to as a restraining order) placed on you;
jail time;
fines;
probation or parole;
firearms restrictions;
mandatory attendance to an anger-management class or counseling; and,
being required to add your name to the National Sex Offender Registry.
Reasons for False Accusation
Unfortunately, there will always be incidents of people falsely accusing others of crimes as is the case for some domestic violence and battery charges. Purported victims choose to do this for a number of reasons and being able to identify this can be the first step in formulating a strong case in your defense. Some of these reasons could include:
There was an altercation between spouses or family members and the police were called to investigate. A lot of times a cop may show up and charge both sides, leading to issues for the side of the spouse who’s defending herself or himself from the false accusation.
An ex or spouse who’s trying to win a custody battle may falsely accuse their co-parent of violence as a way to ensure they’re awarded legal custody of the child.
A spouse or partner may use a false allegation as an attempt to force you out of your shared home.
A partner or spouse may do this as a means of revenge for asking for a divorce, having an affair, or other dispute in your relationship.
A person who is mentally unstable may accuse another of a crime without having any basis in reality.
Steps to Take
As stated earlier, any time you’ve been accused or charged with a crime—no matter if you feel you’re guilty or innocent—you should take steps to secure legal counsel immediately.
Hire an attorney: Getting the support of a skilled criminal defense attorney is one of the single most important things you can do to protect yourself from the possible consequences of a conviction. Do not think you can handle this on your own.
Gather evidence and witnesses: Start finding and organizing as much evidence as you can that could work in your defense. This could include police reports, photos, copies of emails or text messages, and witness statements.
Don’t talk to the police without an attorney: During this time the police will likely want to question you about the purported incident, but you should only do this with your attorney present.
Avoid contact with the accuser: Avoid all contact with your accuser including in person, over the phone, texts, emails, or even relaying messages through a third party.
Avoid social media: It’s best to stay entirely off social media while your case is under review. At the very least, don’t post anything about your case, and ask family and friends to refrain as well.
Possible Defenses
The possible defenses for domestic violence charges will depend on your case. When you meet with your lawyer, they’ll carefully analyze the charges against you to decide the best course of action. Options could include—but are not limited to—arguing you were only acting in self-defense; arguing the victim wasn’t part of a group of people domestic violence charges cover (i.e. partner, spouse, or close family member); arguing that the accuser was and is lying; and, arguing that any violence that occurred was accidental
Discover Your Options
By calling Revolution Law PLC in Bay County, Michigan, you’ll gain a trusted partner who can help you defend yourself against false accusations of domestic violence. Call us today to schedule a consultation.