One minute you may find yourself in the midst of a heated argument with someone at your residence. The next, you are being questioned by the police because of an accusation of domestic violence. What happens if you know you are not guilty of this crime?
False accusations of domestic violence can negatively affect your life in many ways. Many times, just the statement alone will cause friends, family members, and employers to question whether or not the charges are true and what your true colors are.
While there are many real cases of domestic violence, there are also situations where people are falsely accused out of retaliation for various reasons. If you have been falsely accused, it is critical to contact an experienced criminal defense attorney right away. Keep reading to learn what steps to take when you are falsely accused of domestic violence.
Defining Domestic Violence in Wisconsin
Many believe that domestic violence is strictly a physical action perpetrated on the victim by the aggressor. The parties usually involve a significant other such as a spouse, girlfriend, or boyfriend.
However, domestic violence is not relegated to a romantic relationship. In addition, domestic violence doesn't only refer to physical violence. In fact, domestic violence can also involve parties such as a former spouse, former cohabitant, or a current cohabitant.
Moreover, domestic violence can essentially involve all who live under the same roof and are related by either marriage or blood. It also includes both physical action and threats of physical action. Still, domestic violence can also include psychological abuse and destruction of property. As you can see, an accusation of domestic violence should not be taken lightly. In one form or another, these are all violent acts or threaten to be so.
Understand the Claiming
The consequences of a domestic violence charge can be severe. In fact, you can face criminal charges in the form of jail time, lose custody of your children, be forced to move from your home, lose visitation rights, or even have a restraining order filed against you.
Making false claims against someone else can hurt the intended recipient in a multitude of ways. In a divorce, some spouses file false charges because they want to take revenge for one reason or another. They might also want to gain the upper hand with regard to property rights or custody of the children. Some of these accusers may feel guilty later and take back their accusations.
Often, it is too late as the damage has already been done. If the innocent defendant has already experienced jail time or the loss of a job, then the consequences could haunt them for life. It can be very difficult to explain to a potential and skeptical employer or relationship partner that the accusations were false and why they were made against you.
Remember Your Rights
If you are taken into custody by law enforcement, remember that you have the right to remain silent in order to avoid saying something that is self-incriminating. You should always refuse to answer questions until your lawyer is present.
If the accuser decides to proceed with a case against you, a criminal defense attorney will help to provide the evidence necessary to drop the charges. In the best-case scenario, you may even be able to charge your accuser with filing a false police report.
If you can prove the accusations against you are false, then the judge may take that into consideration in terms of determining visitation rights and custody. At this time, you must take the right course of action to prevent potential damage to your life and your reputation.
Even if you know you did nothing wrong, you can't just wait without acting. You have to convince the court that you are innocent. And, it takes the right professional help to maintain your innocence.
Immediately Hire an Aggressive Criminal Defense Attorney
Some states may place you in jail until the accuser decides to drop the charges. Often, this is at least 48 hours to start. Don't lose everything you've worked for over false domestic violence charges. While it can be both dramatic and scary, you need to act now. Get in touch with a criminal defense attorney who can help you understand your rights and plan of recourse.
Milwaukee criminal defense attorney Jason D. Baltz has more than 15 years of legal experience defending the rights of people across Wisconsin during some of the lowest points in their lives. If you’ve been accused of domestic violence, make sure you get someone in your corner who isn’t afraid to go to bat for you.
Contact our firm at (414) 375-0797 for aggressive representation.