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Domestic Violence

Why are some spouses falsely accused of domestic violence?

By October 8, 2021No Comments

Domestic violence affects countless families across the country. Since it is such a pervasive problem, law enforcement tends to take accusations of domestic violence seriously.

As a result, authorities often believe those who accuse their partners of abusing them and take protective measures before the alleged abuser can defend themselves in court.

This is, understandably, intended to provide immediate protection to victims from serious and potentially fatal harm. But not all accusations are true, and sometimes false accusations can have serious, long-term consequences.

From experienced Marietta defense attorney Kim Frye, here’s the lowdown on false accusations, why they get reported, and how you can defend yourself from them.

Why do false accusations get reported?

False accusations are harmful not only because of the consequences they can have for the accused, but also because they undermine the efforts of those who are actually trying to put a stop to the epidemic of domestic violence.

That being said, not all false accusations are malicious. Sometimes they can be the result of a misunderstanding, or law enforcement acting against the wishes of the alleged victim.

Here are some of the reasons why false accusations happen:

  • The accusation might be an attempt to gain full custody of the children or have the other spouse removed from the home
  • The accuser might misconstrue their spouse’s words or actions as a threat of domestic violence
  • Sometimes, neighbors overhear an argument and call the police, who then arrest the alleged abuser, even if both spouses insist no harm was intended
  • In rare cases, the accuser may simply be motivated by revenge or spite

While these circumstances may be indicators of problems in the home, there’s no reason anyone should face legal consequences for something they didn’t do.

If you’re falsely accused of domestic violence, you need to seek competent legal representation as soon as possible.

What to do if you’re falsely accused

This is a serious issue that requires a competent defense. Therefore, you should not rely on the information in this blog post in place of the advice of a lawyer.

Contacting an experienced criminal defense attorney is step one.

Here are a few other things you should do to prepare your defense:

  • Don’t retaliate or try to talk to your accuser. Juries tend to view this negatively and might be more inclined to an unfavorable ruling.
  • Don’t talk about your case publicly. While it may be tempting to complain about your accuser on social media, anything you say about your case in public can be held against you in court. It’s best to only talk about your case with your attorney and those few people closest to you that you know you can trust.
  • Gather evidence to support your side. If you have any physical evidence that can prove you weren’t home, or that you were doing something else at the time of the alleged incident, now is the time to make copies and talk to your attorney about it. Any photos or videos that show what actually happened are extremely useful.
  • Comply with all court orders. Don’t skip out on bail, or try to contact your kids if the court has ordered you not to. The best thing you can do now is comply with the law and prepare your defense with an experienced defense attorney, and wait until you’re cleared of charges.

Contact a Georgia defense attorney today

At Frye Law Group, our specialty is defending your rights when the government wants to put you in jail. Whatever the circumstances of your false accusations,, we have the experience and understanding of criminal law to make sure your future is protected. Contact us today to schedule a free consultation.

Directions:

From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.