Falsely Accused of Domestic Violence
Assault, battery, verbal abuse or any threat of violence against a family or household member is a serious crime. Texas law imposes strict penalties on those convicted of family violence. Even if you avoid a conviction, allegations of domestic violence can cause irreparable damage to many facets of your life. Unfortunately, baseless allegations of domestic violence are all too common in bitter custody battles, contested divorces and acrimonious break-ups.
False domestic violence accusations
If you are falsely accused of domestic violence, you may be facing jail time, community supervision, enormous financial penalties and loss of child custody and visitation rights. The repercussions are potentially devastating for the falsely accused, but those who make unwarranted accusations are rarely subject to legal sanctions. In a broader context, false accusations of spousal abuse or partner violence undermines the credibility of the real suffering experienced by true victims of domestic violence.
According to a special report by SAVE (Stop Abusive and Violent Environments), between two and three million restraining orders for domestic abuse are issued every year in the U.S., of which 70 percent are trivial, false or deemed unnecessary. Protective orders, which are intended to safeguard the victims, are often turned into vindictive weapons in divorce cases.
When you are wrongly accused of partner violence, you need legal representation of the highest caliber. Plano criminal defense lawyer Andrew Peveto can evaluate the strength of evidence and formulate a sound strategy to avoid unwarranted charges based on false domestic abuse accusations.
Charged vs convicted in Texas
A charge is a formal allegation of a criminal offense. While charges are serious accusations leveled by criminal justice authorities, they are still unconfirmed and unproven assumptions. If you are charged with domestic violence, this allegation may not stand, the case may be dismissed, and in the eyes of the court, you are innocent until proven guilty.
A conviction is a legal decree that you have been determined guilty of committing a criminal offense. The accused can only be convicted of domestic violence after a jury trial. In certain cases, an appeal can be filed in an effort to overturn the conviction.
False accusations of domestic violence are distressing enough, but when those allegations result in a conviction, it can upend one’s life. At Peveto Law, we work tirelessly to prevent wrongful convictions. You have the right to dispute untrue claims and avoid the collateral consequences of a criminal conviction.
Why are false accusations of family violence made?
False allegations or exaggerated claims are not uncommon in family violence cases. Oftentimes, these untrue claims are rooted in anger or an attempt at revenge. False accusations of domestic violence may arise in situations involving:
- Battle over child custody– By making unsubstantiated claims, the other parent is gaming the system to gain sole custody as an act of vengeance
- Retribution– A jealous or spiteful ex may falsely accuse you of physical or verbal abuse to get even for a perceived wrongdoing or nasty split
- Mental health problems or substance abuse issues– Your accuser may be suffering from mental health issues or abusing drugs and alcohol, leading them to make irrational and untrue claims
- Getting the upper hand in a divorce– Your soon-to-be former partner is making malicious claims to gain the upper hand in divorce proceedings
Whatever the motivations or circumstances, being falsely accused of a crime is a daunting prospect. Be proactive in getting legal counsel as soon as possible, as a robust defense is your best strategy for clearing your name and obtaining a fair outcome.
Defending false claims of domestic violence
Andrew Peveto is an accomplished domestic violence lawyer who represents clients in Dallas and Collin County. The sooner you retain expert legal representation, the better your chances of raising a strong defense against false allegations. There are various arguments that may be raised in such cases:
- You acted in self-defense and were not the aggressor
- Your accuser makes conflicting statements that do not support the allegations or lies are uncovered
- The contested incident did not result in physical injury or involve a threat that would make the accuser fear violence or bodily harm
Attorney Andrew Peveto understands the magnitude of false accusations and is not afraid to take your case all the way to trial. We invite you to schedule a complimentary consultation if you have been wrongly accused of family violence in Texas.
- Justia, Domestic Violence https://www.justia.com/criminal/offenses/violent-crimes/domestic-violence/
- VeryWell Mind, False Domestic Abuse Claims https://www.verywellmind.com/false-domestic-abuse-claims-4100660
- SAVE, What is the Cost of False Allegations of Domestic Violence? file:///C:/Users/alilo/Desktop/SAVE-Cost-of-False-Allegations.pdf