Falsely Accused of Domestic Violence? Here are the Next Steps to Take
The penalties for domestic violence in California are very harsh and so, being charged is extremely stressful. If convicted, you may have to serve jail time and the court may issue protective orders, which could prevent you from seeing your children and your accuser. Understanding the next steps to take can greatly help your case and allow you to avoid the harsh consequences. Below, our San Diego domestic violence lawyer outlines what to do after being falsely accused of domestic violence.
Collect Evidence
There are a number of types of evidence that can support your case when fighting domestic violence charges. These include:
- Communications: Voicemails, emails, and text messages showing the complainant’s threats, intent, or the consensual nature of the interactions.
- Physical evidence: Photos of the scene, your own injuries, and property damage or the lack thereof, can also indicate that you were the victim or that violence never occurred.
- Police and paramedic records: Inconsistencies in police reports or notes from the paramedic can also provide strong evidence in your case.
- Eyewitnesses: Eyewitness statements can provide an alibi or corroborate the fact that the complainant was acting aggressively.
Do Not Contact Your Accuser
It is of critical importance that you do not contact your accuser, even to ask their reasoning for their actions or to talk to them for any reason. The chances are there is a protective order against you and violating it will only result in harsh penalties, even if you are found innocent of domestic violence. Even without a protective order, any attempt to contact your accuser can be taken out of context and make it harder to prove your case.
Comply with a Move-Out Order
There may also be a move-out order against you, particularly if there is a protective order against you. The former type of order requires you to move out of any home you share with your accuser. Just like protective orders, it is critical that you comply with a move-out order to avoid criminal penalties.
Make Notes of What Happened
Over time, your memories about the alleged incident may fade. This can cause you to change your story or seem unsure of what occurred, which can weaken your credibility. To avoid this, make detailed notes about exactly what happened as soon as you learn that you are being accused. This will keep your memory fresh and help you establish a timeline of what happened.
Contact a Domestic Violence Defense Lawyer in San Diego
False accusations of domestic violence are very stressful and can result in very harsh penalties. Fortunately, an accusation does not mean an automatic conviction. At Anthony Z. Vargas, Esq., our San Diego domestic violence defense lawyer can advise you of the defense strategies available and determine which one is right for your case so you and your future are protected. Call us now at 858-859-1224 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
selfhelp.courts.ca.gov/DV-restraining-order?rdeLocaleAttr=en
