False Accusations in Ft Lauderdale Domestic Violence Cases 

There are some things that an individual can do to protect themselves against false accusations in Ft Lauderdale domestic violence cases. Contacting a skilled domestic violence Lawyer as soon as possible would be extremely beneficial. A Fort Lauderdale domestic violence Attorney could advise on what steps to take if somebody believes that they are facing false allegations. If you are facing domestic violence charges as the result of false accusations, reach out to a Lawyer who will make sure that your side of the story is heard.

Commonness of False Accusations

There are different studies and different statistics, but one of the latest indicated that 70% of cases involving domestic violence incidents related to individuals going through divorce proceedings or child custody proceedings. In that realm, up to 70% are deemed to be unnecessary or false.

In general, false accusations in domestic violence cases in Ft Lauderdale are common. There is a great opportunity for abuse. Because it is relatively easier to get arrested for domestic violence as it relates to other types of crimes, it opens up the possibility for individuals to make false accusations.

Domestic Violence Cases

To get arrested for domestic violence does not require a physical injury. For example, domestic violence battery, which is defined as a harmful or offensive touching by one individual against another may or may not be a true allegation. A push or shove oftentimes does not leave any physical marks or physical evidence. Sometimes, it could be if a Law Enforcement Officer takes a statement from an individual and believes that it happened or believes that the individual is in fear of future violence. It is easy to make those allegations to a Law Enforcement Officer because minimal evidence is required.

Usually, in domestic violence cases, there are problems in a relationship or the marriage that cause having to involve law enforcement in the first place, like a lot of underlying tension or problems with the relationship. It opens this area of law to a lot of false accusations of domestic violence and abuse in Ft Lauderdale. Many times, people make complaints of domestic violence only to turn around to try to take them back or recant them. That in and of itself conveys that there is a wide array of false accusations in both criminal and civil cases.

In a situation where somebody is seeking an injunction for protection against domestic violence, that particular statute can be utilized if the person fears that they will be subjected to domestic violence in the future. It does not require an actual act of domestic violence prior to the order of protection being entered. It could be a criminal act of domestic violence battery or an individual seeking an injunction for protection against a future domestic violence.

Role of Law Enforcement in Domestic Violence Cases

In a lot of cases, Law Enforcement is mainly concerned about building their case and establishing probable cause for arrest. They are not necessarily concerned with helping an arrestee or defendant in gathering evidence for what could be their later defense. A Police Officer would not like to be proven wrong that they made the wrong arrest. They are on the side of Law Enforcement and are going to do what they feel is necessary to help the Prosecutors build their case. A lot of times they fail to take photographs of the people they arrested that might show any type of injury or defensive wounds. That is one of the main things an individual can do to protect and as a defense against domestic violence false accusations in Ft Lauderdale.

Time and time again, Lawyers see cases where individuals call, for example, 911, and make allegations that they were allegedly a victim of domestic violence and Law Enforcement gets there only to find out that there is no physical evidence to substantiate that. Law Enforcement typically looks for any physical evidence that might be consistent with the individual’s claims. If an individual claims they were punched, struck, or scratched, they would look for any redness, abrasions, and scratch marks.

Reviewing the Police reports and all the evidence in the case and looking for inconsistencies is extremely helpful to Lawyers. Time and time again, Lawyers see allegations of individuals who claim to have been physically struck or harmed only to find that, based on the Police Officer’s investigation into the case, nothing was found to corroborate that claim. A lot of times, there is nothing to back up or to corroborate the accuser’s allegation.

Evidence Against False Accusations

Any available evidence that would lend the finder of fact to conclude that the allegations are false needs to be collected as soon as possible. For example, any prior texts, emails, voice mails, video, or audio recordings that might be in an individual’s possession indicating threats were made to make somebody’s life miserable, that they are going to pay for something, and so on.

Witnesses around the time of the incident would be helpful to show what the state of mind or character was of the person alleged to have made the false accusation. Any evidence of substance abuse, alcohol abuse, or intoxication would be helpful in trying to convince somebody that they are the victim of false accusations in Ft Lauderdale domestic violence cases.

Protecting Oneself From False Allegations

Documentation, preservation of evidence, and witnesses that can corroborate facts and circumstances is the key. People that an individual knows and loves that are on the person’s side might be able to become witnesses in the future to help out in any defenses that the person might have. If the person shares any social media passwords that they would want to protect, they will want to change those or protect themselves against an individual falsifying evidence or going into social media accounts to present posts that might not be the person’s own.

The bottom line is that if an individual in Ft Lauderdale feels that they are being falsely accused of domestic violence, gather as much evidence as possible to mount the best possible defense. That is almost always more likely to be accomplished by having an experienced and skillful domestic violence defense Attorney on the person’s side.

Potential Consequences of a Domestic Violence Conviction

The potential restrictions or penalties regarding a person’s liberty are significant. Because an arrest for domestic violence is a criminal charge, an individual is taken into custody, given an arrest record, and if the case is prosecuted, subjected to further restrictions on their liberty, for example, probation. Peripheral consequences would be not having the ability to remove these types of cases from an individual’s record via a record sealing.

Domestic violence cases have impacts on divorce and custody cases. They can restrict an individual’s ability to reside in a family home or residence as well as restrict the ability to have contact with his or her children or other family members. In addition, they can impact an individual’s ownership, use, or possession of a firearm.

Employment-related issues are wide-ranging. Immigration issues are wide-ranging. A conviction also impacts an individual’s credit, ability to secure or obtain loans, and residential issues with respect to certain rental communities and homeowner’s associations.

Additionally, the overall stigma of a domestic violence charge is not insignificant. For example, it may be a heavily reported topic that is highly monitored by the media and highly monitored by employers.

These consequences are some of the reasons why it is so important to retain the services of a seasoned Lawyer in Ft Lauderdale, who can guide and advise you as you navigate the legal process of defending against domestic violence false accusations.

Role of a Lawyer in False Accusations in Ft Lauderdale Domestic Violence Cases

Hopefully, for an individual that has been falsely accused of domestic violence, it is the first time that it has happened and it will not happen again. Domestic violence defense Attorneys who have been doing this for decades have been through these cases time and time again and know what it takes to gather evidence in an attempt to convince a Prosecutor, Judge, or jury that the allegations are false and attempt to make the charges go away.

A person should not try and make these false accusations go away on their own.  The Attorneys at Leifert & Leifert are educated, skilled, and trained in these areas, have dealt with false accusations in Ft Lauderdale domestic violence cases before. They know exactly what to do in an effort to show proof that the allegations are false. If you have been charged with domestic violence as the result of a false accusation, reach out to a determined Lawyer who can work to clear your name.