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The complicated consequences of false domestic abuse claims

On Behalf of | Dec 9, 2021 | Domestic Violence |

If you are dealing with allegations of domestic abuse, you are also facing Florida laws that give your accuser the benefit of the doubt. This often makes it easy for someone who is going through a divorce or custody clash to use domestic violence allegations as a weapon to obtain the advantage during these emotional legal proceedings.

Not many other criminal charges can so abruptly and completely change someone’s life as a domestic violence charge. Often, this is because many who face these allegations are blindsided by them. They have not been violent toward their partners and might have done no more than to elevate their voices during a heated argument.

How does it happen?

In most situations, even if your partner withdraws the abuse accusations, police may have no choice but to comply with laws and public policies by arresting you and removing you from the home. Many times, it requires very little evidence for your partner to inform police that you have made him or her feel unsafe, such as making intimidating gestures or threatening your partner physically or emotionally.

The outcome

Doing nothing in the face of unsubstantiated or vindictive accusations of domestic abuse can quickly unravel your life. If your partner alleges you used or threatened violence against him or her, you could be looking at tremendous, long-term damage to your life, including:

  • A judge may ban you from having any contact with your children.
  • Your chances of obtaining custody or visitation rights could suffer irreparable damage.
  • Your job or career could be on the line.
  • Your personal and professional reputations might not recover from the damage.
  • You could be forbidden to return to your home, even just to gather your clothes, money or other belongings.

You probably agree that the laws in Florida for protecting victims of domestic violence are important. Because abusers often control their victims, those victims might feel compelled to recant and deny the allegations because they feel their lives are at the risk. Therefore, police take the word of the victim, and the legal process continues even if the victim recants. Because of this, defending against domestic violence allegations is particularly challenging. This places you at a decided disadvantage.

It will not be enough to rely on your good reputation or a reasonable explanation to escape the repercussions of a domestic violence accusation. Having an aggressive criminal defense strategy in place as soon as possible after your arrest can improve your chances of safeguarding your rights and restoring your good name.