When the police are called to investigate a report of domestic or family violence, in many cases, they cannot leave the property without making an arrest. This is supposed to be a step to ensure that the violence or an assault doesn’t happen again as soon as they leave, but what does it do when the claim of domestic violence is entirely fabricated? In the end, it only creates the unreasonable risk that an innocent person will be detained or charged with a crime based on no substantial evidence.
Falsifying Domestic Violence Claims
Lying to the police in a criminal investigation is a serious crime, but this does not deter people from doing it all the time in family violence cases. Although the number is unknown, some studies estimate that anywhere between 10% and 40% of all domestic violence claims are based on fabrications, exaggerations, or misunderstandings. But why would someone want to create a fake domestic violence accusation, especially when they know it is a crime that could land themselves in jail?
Since someone can spend a day or two behind bars just because of the call, not because of any trial, some jaded individuals may lie to the police for nothing more than a bit of revenge. In other instances, they may be motivated by an ongoing divorce. If you are accused and not necessarily convicted of domestic violence, you can lose your right to child custody, allowing the accusing spouse to raise and see your child as they see fit without your input.
What Should I Do If I’m Accused?
Even if you know with all your heart that the accusation of domestic violence against you is an outright lie, the police and prosecution do not. You need to take the situation seriously and start considering how to prove your argument and clear your name. Collect any evidence that could work in your favor – such as work reviews speaking highly of your calm temperament, your clean criminal record, etc. – and bring it to a domestic violence defense attorney as soon as you can.
If you live in Texas and aren’t sure where you can turn for help, know that Peveto Law and our Plano criminal defense lawyers are willing to hear your side of the story. We bring compassion to our clients and unwavering strength to the opposing counsel, and never lose sight of the final objective: clearing your name. Contact us today and ask for a free case analysis so you can figure out what needs to be done next.