Moving Out of State With a Child Custody Agreement

Wrongful Domestic Abuse Claims: Tips For Your Defense

by Layla Bryant

Domestic abuse charges are among the most difficult charges to face for many people. If you've been wrongly accused of domestic abuse, the key to fighting the charges is understanding why they were filed in the first place. Sometimes, complaints of domestic violence stem from other situations and the accuser might believe this to be the easiest avenue to what they want. Here are some of the most common situations. 

Is there a pending child custody case?

One of the most common reasons that people file false charges for domestic abuse is in an effort to gain favorability in a custody battle. If you have a child custody case pending in family court, that could be the motivation for the charges. You will need a skilled attorney to help you gather the necessary supporting evidence and to help you present the false claims in family court as well.

Did you end the relationship?

Unfortunately, some people lash out when a relationship is over. Whether it is an effort to keep you in their life in any possible way or out of spite and a desire to punish you for ending the relationship, false claims of domestic abuse are a serious concern in these situations. Gather any documentation you have, including anything in writing that proves you ended the relationship and any threats that the other party might have made. This can help you fight the charges.

Are they frightened of the real assailant?

Some domestic abuse charges are legitimate but filed against the wrong person. If someone was backed into a corner with a mandatory reporter and had to name someone but were too afraid of their abuser to actually identify them, you may be the scapegoat. In those cases, it is important to find a way to prove the actual assailant is responsible in a way that does not implicate the accuser as the one who outed them. This protects the victim in the case and protects you from a wrongful conviction. In an ideal situation, this also may result in charges against the actual abuser.

These are some of the most common situations with a wrongful abuse claim. Talk with a criminal defense attorney today to determine the motivation behind the charges you're facing. The sooner you identify the motivating factors, the easier it is to defend yourself against those claims. Don't accept a conviction for something you didn't do when you can fight it.