Domestic abuse is a heinous crime. It is seriously under-reported, and those victims who do have the temerity to step forward and say what’s been happening often put themselves in great danger. Unfortunately, while it is less common, there are people who will allege that a partner or family member has abused them in order to punish that person, or to try to force their compliance. If you feel that you are in a situation where someone might falsely accuse you of domestic abuse, then you need to take steps to protect yourself immediately.
Preventative Measures
The first thing you need to do is examine your relationships for signs that you’re with someone who would use lies to hurt you. Untruthful accusations and reactionary lies are poisonous to any relationship, and if they’re not something you can eliminate, then you should strongly consider getting out of the relationship as quickly as possible.
That isn’t always an option, unfortunately, but if a romantic partner, or a close family member, begins making rumblings that they’ll accuse you of domestic abuse as a way to make you comply with their wants or demands (a common threat is that if you start divorce proceedings, then I’ll say you abused me and the kids), don’t keep that to yourself. Tell people you trust what’s happening, and get legal advice if you feel you need to. It may be embarrassing to open up such a private, and hurtful, part of your life, but you gain nothing by keeping quiet on the subject. If threats are made in an email, or in a voice mail, don’t delete them. Save that evidence, and gather more if you’re able to. Audio and video recordings of arguments where intention of making false reports are stated can be a godsend if something does happen.
How to Fight False Allegations of Domestic Abuse in Minnesota
If you are falsely accused of domestic violence, it’s important that you get legal representation quickly, and that you and your lawyer put together a strategy. If you have previously collected evidence that your significant other or family member has said they would make a false report, harmed you, or harassed you, make sure that evidence is given to your lawyer. It’s ammunition that can be used to vigorously defend you against allegations.
The first thing you need to do, if the allegations are false, is to attack the prosecution’s case. The prosecution must prove, beyond a shadow of a doubt, that the abuse being alleged actually happened, and that you were the perpetrator. If all the prosecution has is your significant other’s word, and no physical evidence, then they don’t have much of a case at all. However, if they have testimony from eyewitnesses, then you need to either prove those people are lying, or show that they’re not testifying to events as they are. For example, an eyewitness can testify that they heard you and your significant other engaged in a shouting match, and that the next day she had a black eye. Correlation does not prove causation, and just because you had an argument, that doesn’t mean you are the one who caused her injuries.
The more clear-cut you can make your case, the stronger your defense will be. You need to show that the prosecution cannot back up the allegations it has brought to court, and if you can do that well enough it’s entirely possible the prosecution won’t even bring charges in the first place. They only pursue cases with strong evidence, and if you have proof on your side, then the fight may be over before it begins.
Domestic abuse allegations aren’t something to be taken lightly. Even if you are falsely accused, that doesn’t mean your innocence will be proven. If you need help, contact us today!
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
