What To Do When Falsely Accused of Domestic Violence?

Written by:Julian Stroleny PortraitJulian Stroleny

Domestic violence is a serious crime, but there have been cases where someone was wrongly accused and faced severe consequences they did not deserve. In Florida, the unfortunate reality is that spouses or partners sometimes use false allegations of domestic violence to:

  • Win child custody battles
  • Get “even” with a partner who wants to go their separate ways
  • Gain possession of property owned by their spouse/domestic partner

There are many reasons why someone might falsely accuse you. Even the criminal justice system tends to be biased against the dominant partner in the relationship when a domestic violence accusation is made. 

The Florida Statute 741.29 states that law enforcement officers must make an arrest if they suspect that one spouse has been abused by another. They can do this without having to obtain a warrant first. In these cases, you need a skilled and experienced Florida domestic violence defense attorney on your side, who will fight tooth and nail to protect your rights.

What Happens When You Are Falsely Accused of Domestic Violence?

People often react strongly when they hear about violence that involves women or children in a home. They may not stop to think that the person accused might not have done anything wrong, and may have been falsely implicated.

Once you are accused, convincing friends, family, or anyone else that you are not guilty can seem like an uphill task. Unlike with other accusations, when you are considered innocent until proven guilty, that principle does not always apply to those accused of domestic violence.

Even when there is not yet a conviction, the domestic violence false accusations alone can result in you:

  • Losing the right to see your children
  • Losing your job
  • Facing jail time
  • Getting a criminal record, which makes it harder to find good work in the future
  • Having your name dragged through the mud

The fallout from a false accusation of domestic violence can damage every aspect of your life, often in ways that are hard to remedy.

Take These Steps to Protect Your Rights When Accused of Domestic Violence

Hire an experienced criminal defense attorney

The moment you learn about the accusation, your first priority should be to get a lawyer with a proven track record of criminal defense cases. They will play a key role in demonstrating to the court that the false domestic violence charges against you are the result of someone’s harmful intent.

Your attorney will consider the possibility that the person making the domestic violence accusations is doing so out of anger or spite, perhaps due to something you have done, such as being unfaithful. Be open with your lawyer about any incidents or information that might indicate the accuser is attempting to harm you out of vengeance.

Gather evidence with your attorney’s help

Start documenting everything that could help prove your innocence.

  • Work with your defense attorney to obtain witness statements from those who know you well and can speak about who you are and your relationship with the person accusing you. These could help show your true character.
  • Find any medical reports that disprove physical abuse. This kind of evidence can be powerful in disproving claims made against you.
  • Save any photos or videos that might contradict what you are being accused of. Visual evidence like this can be very persuasive.
  • Keep all messages – texts, emails, or DMs on social media – that could reveal the true motives of the accuser or show that their story doesn’t add up.

It is also a prudent move to lean on someone you trust during this time. A friend or family member can provide much-needed emotional support. If things escalate, they might be able to stand up for you in your defense during the legal process.

Man with a belt

Do not breach any court orders

If the court has issued a restraining order against you, do not violate any of its terms or conditions. There might be times when the person who accused you tries to lure you into violating this order. They might even ask to meet up or end up where you are, including situations involving your kids. In these domestic violence cases, make sure to document every attempt they make to contact you or be near you. This can help prove to the court that you are not a real danger to the alleged victim.

Remain calm throughout 

Expect the prosecution to try and provoke you into reacting aggressively using false claims; it is a common tactic but do not fall for it. Keeping calm can help your case by showing the court you are not the aggressor they are making you out to be. Even outside the courtroom, stay cooperative with police officers. It is possible that you might get arrested even if the accuser does not want that to happen.

If it looks like you are about to be arrested for domestic violence, follow what the arresting officers tell you. There will be a proper time to explain your side of the story. While you are in custody, remember not to sign anything. Do not agree to any deals without talking to your lawyer first at any point.

Our Battle-Tested Domestic Violence Defense Attorneys are Determined to Fight for Your Rights 

In Florida, the prosecutor can decide to move forward with a domestic violence or domestic abuse case even without the accuser wanting to press charges. Sometimes, an accuser might change their mind and retract their accusation, but it is ultimately up to the prosecutor to decide whether to continue. You cannot just hope that the domestic violence charges will disappear on their own.

At Stroleny Law, P.A., leading Florida criminal defense lawyer Julian Stroleny has spent over 10 years successfully defending falsely accused clients who are on the brink of being jailed. Attorney Stroleny will leave no stone unturned to expose weaknesses in the prosecution’s case and present a powerful defense to prove your innocence. Call us today at (786) 481-4129 to schedule your free case evaluation with our domestic violence attorney.

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