What should I do if I have been falsely accused of domestic violence?
By Nathaniel Pitoniak on March 26th, 2021 in
Being accused of a criminal offense is virtually always a frightening, anxiety-inducing experience. But what if you have been accused of domestic violence—and the charges are simply not based on fact or truth? Before you can even begin defending yourself against the false domestic violence charges you may find you have been convicted in the court of public opinion.
It is extremely important that you do not wait, hoping the charges will be proven untrue and dropped. This is highly unlikely. You need a strong legal advocate in your corner as quickly as possible. The Law Office of Nathaniel Pitoniak can guide you through this difficult time, working hard to clear you from these false accusations.
Why Would a Person Falsely Claim Domestic Violence?
Unfortunately, false allegations of domestic violence take away from the true ones. While there can be a myriad of reasons a person might falsely accuse another with domestic violence, the most common reasons include:
- Using false claims as leverage during a separation, divorce, or child custody hearing. Such claims are made to “gain the upper hand” and to subvert the legal process. The end goal of the accuser is a favorable custody decision or a larger property award.
- Using false claims as a method of revenge against the other person. The accuser could be angry about a breakup, or perhaps there was an argument, but it did not reach the level of domestic violence.
What You Should Not Do After Being Falsely Accused of Domestic Violence in Harris County
If you have been falsely accused of domestic violence it is vitally important that you refrain from doing specific things, most notably:
- Waiving your right to remain silent. Even if—or especially if—the police have not “officially” charged you with domestic violence, and only want to “talk” with you, do not answer questions without first speaking to an attorney. Law enforcement may even allude to the fact that if you will just tell your side of the story, they can let you go home. This is nothing more than a ploy to entice you to make statements that can later be used against you.
- Speaking with the accuser. It may be enticing to want to speak with the person who falsely accused you of a domestic violence crime, however, it is advisable to refrain from doing so. In most instances speaking with the accuser causes more harm than good. Speak with an attorney if there are reasons you need to interact with the accuser.
What You Should Do After Being Falsely Accused of Domestic Violence in Houston, Texas
Following false allegations of domestic violence you should actively and promptly do the following:
- Contact an experienced Houston criminal defense lawyer as soon as possible, even before you have been officially charged with a crime. The sooner you have a skilled Houston criminal defense attorney in your corner, the more positive outcome you can expect.
Potential Defense Strategies for Those Falsely Accused of Domestic Violence
While the exact strategy used by your Houston criminal defense lawyer to fight your false charges of domestic violence will depend on the facts of your case, your attorney may seek to discredit the accuser. This can include showing instances where the accuser’s words are inconsistent, unreliable, or implausible. Your attorney will also likely put together character evidence that is favorable to you and that shows no history or likelihood of committing domestic violence.
How the Law Office of Nathaniel Pitoniak Can Help Those Falsely Accused of Domestic Violence
If you have been falsely accused of domestic violence, calling Houston criminal defense lawyer Nathaniel Pitoniak can be the very best call you will make. Nathaniel is a former Felony Prosecutor and former Chief Prosecutor with the Harris County District Attorney’s Office, with more than 15 years practicing criminal law. Nathaniel will aggressively defend your rights and your future. Contact the Law Office of Nathaniel Pitoniak today.