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How to Address a False Charge of Domestic Violence

Unfortunately, cases of domestic violence are prevalent in New Jersey and across the United States. Nothing in this discussion is to be taken as an attempt to diminish the horrible nature and extent of domestic abuse in the state and country. In addition to the grim number of domestic abuse cases that occur year in and year, there are occasional instances in which a person lodges what can be called a false charge of domestic violence. If you feel you are facing such an unfounded allegation of domestic abuse, there are some tactics you need to bear in mind to address such a charge.

You need to bear in mind that a false allegation of domestic abuse can have negative consequences for you. Some of the potential negative ramifications can include:

  • Negative reputation
  • Job loss or other workplace ramifications
  • Inability to get a desired job
  • Loss of parenting time
  • Loss of child custody
  • Jail time
Take the Accusation Seriously

If you find yourself facing an allegation of domestic violence that you know to be untrue, you need to take that charge seriously. To use the vernacular, you cannot “blow the accusation off.”

Every year, people just like you encounter false allegations that they committed some sort of act of domestic abuse. A percentage of these targets of false allegations of abuse or violence take the position that they do not have to fret because the contentions are false.

As a result of taking this type of approach, these individuals fail to mount a timely, appropriate response to a false accusation of abuse. They end up having to face and attempt to fight off a number of untenable consequences.

The bottom line is this: If you face a false accusation of being the perpetrator of family or partner violence, you need to prepare to mount a strong defense – no matter how false the charge. You need to respond with the same mindset; failing to respond exposes you to the prospect of significantly negative consequences.

Assemble Credible Documentation

In some, but not all, cases involving abuse of the domestic type, documents and other physical evidence may exist to support the proposition that the allegation itself is unfounded or false. Therefore, if you face a false allegation of domestic abuse or violence, gathering and organizing these materials is important.

When looking for appropriate documentation to support a defense against a false allegation of abuse, you also need to consider what does not exist. For example, if a true case of abuse exists, there will be physical evidence or documentation that includes photos of videos, police reports, and so forth. In the case of a false accusation, the accuser may have tried to lodge a police report and that document may contain evidence that indicates that no credible proof of a potential assault existed.

Gather Convincing Witnesses

Included in an effort to take a false allegation of abuse or violence seriously is to gather convincing and credible witnesses. These need to be people that can speak to your character. Helpful might also include trustworthy individuals that are capable of addressing prior instances in which the accuser has made false statements. Finally, key witnesses in this type of situation should include a person or persons who can address the false narrative being spun by the accuser.

Before you present these witnesses in your defense, make sure that you thoroughly understand what they will and will not say. There is an adage in the legal arena: You need to know the answer to a question before a witness speaks it.

Legal Representation, Your Rights, and a False Allegation of Domestic Violence

As noted a moment ago, you need to take a false charge of domestic abuse seriously. A paramount part of that process is seeking advice and (if necessary) representation from an experienced, dedicated New Jersey attorney. In addition, if you are involved in a divorce, a proactive step in protecting your legal rights needs to be scheduling a free initial consultation with a New Jersey divorce lawyer. You can schedule a free initial consultation with a New Jersey divorce attorney at the Law Offices of Peter Van Aulen by calling (201) 845-7400.

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*Results may vary depending on your particular facts and legal circumstances