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Dos and Don’ts When Falsely Accused of Domestic Violence

If you are facing false accusations of domestic violence, it’s natural to be frustrated and even upset. In instances like this, it’s important to keep your emotions in check. If you act on your emotions, you could potentially cause more harm to your case than there already is. Let’s go over some important “Dos and Don’ts” when dealing with false accusations of domestic violence.

Don’t Make Statements to the Police

If you are arrested in connection to charges of domestic violence, it’s important not to make a statement to the police. Statements you make to law enforcement can and will be used against you. Instead, ask to speak with your lawyer and refrain from discussing your case with police officers. Follow the guidance of your attorney and allow them to sort out the details.

Do Follow the Terms of an Order of Protection

If your partner has been granted an order of protection or temporary restraining order against you, then you need to follow its terms and conditions carefully as it is a legally binding document. Violating an order of protection can bring forward additional charges against you. Plus, your partner could use your violation of the order as an example of your defiance in the relationship.

If you’ve been served with a temporary restraining order, you can move forward with seeking to have the restraining order dissolved. In order to do this, you will have to appear in front of a judge to plead your case. If you’re able to easily prove that you are falsely being accused of domestic violence, then this may be a better route for you to explore.

Don’t Air Your Grievances over Social Media

It can feel all too comfortable and even necessary to air your grievances with someone, especially if you are being accused of something you did not do. However, it’s important not to take your grievances on public platforms like social media. Anything you say online can be used against you in court or to prove the domestic violence charges. Even posts where you are adamant about your innocence can be turned around and used as evidence against you. Play it safe and avoid airing your emotions on social media.

Do Show Up to Scheduled Court Appearances

As the domestic violence case against you unfolds, you will receive paperwork detailing court hearings and other actions. It’s important to follow the instructions of these documents, including showing up to court. When you do show up to court, having your lawyer represent can help you in pleading your case, and it can help set the precedent that you are taking the charges seriously. This is an opportunity for you to come prepared with evidence showing that the domestic violence accusations against you are false.

Don’t Continue Communication with Your Partner

If your partner has gone to the police and filed a report citing domestic violence, it’s best to keep your distance no matter how frustrating the false charges could be. Whether or not your partner’s accusations come from a malicious place, it’s important to keep your distance once charges have been filed. At this point, you’ll want to navigate the resolution process with your lawyer and through the court system. Confronting your partner one-on-one may only fan the flames and create a situation that does not help your case.

Do Hire an Experienced Family Lawyer

A lawyer who has experience dealing with domestic violence cases will be able to see aspects of your case that you do not. Their experience can prove invaluable in helping you prove your innocence. At Herbert & Weiss, our team of dedicated and experienced Englewood family law attorneys can help you find the justice you deserve. Contact us today to speak with a representative who can help you move forward in clearing your name of false domestic violence charges.