Were You Falsely Accused of Domestic Violence?

By San Diego Attorney on April 23, 2022

Domestic violence is a horrible thing to be accused of when you are innocent. The possible legal consequences and damage to your reputation can seem unbearable at times. Unfortunately, false allegations of domestic abuse are not as rare as some people think.

People often make false charges of domestic violence for petty and vindictive reasons, including:

• To deny visitation rights
• To aid a custody battle
• To get even with a spouse during or after a divorce
• To gain possession of your property

Protecting Yourself While Your Case is Pending

Domestic violence is a real problem that causes significant harm, especially to children. That’s why lawmakers, police, and prosecutors have created an atmosphere where it is practically assumed that the accused person is always guilty.

If an accusation has been made against you in California, you can be charged with misdemeanor domestic violence even if you have no history of violent behavior and the person who charged you exhibits no signs of physical abuse.

To protect yourself, we recommend taking the following precautions:

• Completely avoid your accuser. Although you may feel like you can work things out by speaking with your accuser, this may give them an opportunity to make further allegations against you. That’s why you don’t want to be around your accuser even if there is no restraining order. Try to avoid places where you may run into your accuser. And if there is anything you need to communicate with your accuser about for any reason, like to tell them something about your children, allow your attorney to convey the message.
• Create a list of witnesses who can help your case and share it with your attorney. Don’t try to speak with any potential witnesses about the case on your own because the other side may accuse you of tampering or intimidation.
• Collect data that supports your innocence such as GPS information that shows you were somewhere else when the alleged offense took place, inflammatory text and email correspondence written by your accuser, and surveillance camera footage that contradicts your accuser’s account of what happened.
• Keep being a good parent by attending any visitation appointments with your children and continuing to make child support payments.
• Try to stay calm. Anyone would get upset if they were accused of doing something awful and arrested for it. Try to stay as calm as possible and don’t argue with the police or anyone else. Let your lawyer fight for you instead.
• Secure your personal belongings. Your accuser may try to steal or damage your personal property as an act of revenge. Do what you can to limit the accuser’s access to your property by moving it into storage or keeping it at a friend’s house. You might also want to change your locks.
• Change all your login passwords so no one can manipulate your social media records or get access to your credit cards and bank account information.
• Contact an experienced San Diego criminal defense attorney. And don’t talk to the police or anyone else about the alleged incident until you have met with your attorney. There’s no point in trying to convince the police that you are innocent and whatever you say can be used against in ways you might not even anticipate.

Representing People in San Diego Criminal Cases Since 1990

Contact jD Law Criminal Defense Attorneys at (760) 630-2000 if you are facing false charges of domestic violations or any other offense in San Diego.

Our founding attorney James N. Dicks is one of just 30 Board Certified Criminal Law Specialists in San Diego County. To learn more, schedule a FREE consultation today.