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 Ft Lauderdale domestic violence cases are very 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 and abuse. 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.
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 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.
Role of a Lawyer
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 are educated, skilled, and trained in these areas, have dealt with false accusations in Ft Lauderdale domestic violence cases before, and 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.