Domestic violence charges can lead to serious consequences for the accused. Once the charges have been made, the accused could either face jail time or huge fines.
In some cases, the accused may be removed from the victim’s house and ordered not to contact them again.
Domestic violence laws were put into place to protect victims; unfortunately, there have been incidents where these laws have been abused by supposed victims to instigate their spouse/partner to leave the house and gain custody of the children.
If you’ve been falsely accused of domestic abuse then you should find a lawyer who can help you with legal proceedings and prove you innocent.
Here’s how you can protect yourself in such circumstances:
Preserve All Evidence That Can Prove You Innocent
When someone accuses another party of domestic violence, there is a bit of a bias towards the victim. False domestic violence cases are rare, and it is generally assumed that the accuser is telling the truth.
In cases of domestic violence, the defendant can only prove their innocence by gathering substantial evidence. If a defendant manages to do so, they can weaken the plaintiff’s arguments and sway the verdict in their favor.
If you think your partner may call law enforcement after an argument or incident, take photographs of your hand immediately. The lack of bruises, swelling and scratches can make it easier to prove your innocence in court.
Do you have records of any communication between the both of you or others that may strengthen your case in court? Save them. Text messages, chats, emails, voice recordings, screenshots, etc. all count in court. These can be shown to prove that there was an argument that took place and that your partner is looking to get you in trouble.
Hire a Domestic Violence Lawyer
Every lawyer has a specific area of expertise. A lawyer that only has experience with personal injuries, may struggle with your case.
Hire a qualified domestic violence attorney that specializes in that area of law. A domestic violence attorney will weigh the evidence the plaintiff has against you and suggest strategies to build a case.
Don’t make the mistake of speaking to a public prosecutor or investigator without talking to your lawyer first; anything you say to prosecutors and investigators can easily be used in court.
Domestic violence cases can get very emotional, it helps to hire a professional who can offer you an outsider’s perspective and think practically.
Build a Strong Case in Court
Your attorney needs to know all the details of your case—even if some of them make you look bad.
As the accused in a domestic violence incident, you have the right to collect exculpatory evidence. You can even subpoena witnesses if your lawyer thinks their testimonies will help your case.
Laws are put into place to help victims get justice. However, there are also measures put into place to ensure that a defendant isn’t wrongfully accused. A skilled lawyer should be able to prove you innocent.
Attorney Norley E. Castañeda has almost 15 years of experience working as a criminal lawyer. She has successfully represented defendants who were falsely accused of domestic violence, those involved in DWI and sex/drug offenses cases.
If you’re looking for a criminal defense lawyer who has expertise in domestic abuse cases in Suffolk County, contact us at (516) 286-3486.