For a variety of reasons, false accusations can be common in cases of domestic violence. Often, false accusation cases will arise in the course of a divorce, separation, custody, support, or some other type of civil context. False accusations can also happen where one party tries to use the allegation of domestic violence to their advantage in a civil case, for any potential number of reasons. With that said, false accusations of domestic violence can affect both people’s lives making it important an experienced Arlington defense attorney is contacted.
A person can protect themselves from being falsely accused a variety of ways. If a person is being falsely accused, they should first document the circumstances when they believe that someone is falsely accusing them. Once they have done that and collected valuable information, they should contact an experienced attorney and make sure they corroborate the situation with their attorney through recordings, photos, video, or whatever can be gathered. It is important to remember as much as possible about the situation, with as many details as possible.
There are many potential consequences of a domestic violence accusation and the potential charges, so it important if someone has been falsely accused, they clear their innocence before they face any of the penalties and consequences. The most common crime of domestic violence is assault and battery of a family member or household member such as a spouse or roommate. This may result in a period of incarceration up to 12 months, a fine of up to $2,500 or a combination of both. This crime may also result in a criminal record which could follow someone for the rest of their life and have considerable consequences in gaining financial assistance or future employment.
If someone has been falsely accused, they need to understand exactly what they are facing and that they may lose their liberty and other certain rights. In addition, the crime of domestic assault and battery of a family member or household member may be a crime of domestic violence for the purposes of federal firearms provisions. This means that although by state law, they would not have any Virginia firearms restrictions, under federal law they are prohibited from owning or possessing a firearm or ammunition as a result of their domestic violence conviction. It is important to know that conviction of a domestic violence offense has short-term and long-term implications for every aspect of a person’s life.
An experienced attorney will want evidence to build a defense and uncover all of the information as well as speak with the parties, law enforcement officers, any mutual witnesses, and the accuser. They will search for any third party in video or audio recordings and examine any other contextual information they can use to defend their client. There are many things an attorney will be able to help with in the case of a false accusation in a domestic violence case, and it is essential to get the help as soon as possible in order to start building a defense.
Northern Virginia Criminal Defense Group
