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Family Law in Buffalo: How to Face a False Domestic Violence Assault Charge
April 24, 2021
Findings by the National Coalition Against Domestic Violence reveal that almost 20 people are physically abused per minute. This equates to more than 10 million women and men suffering from domestic violence in the United States.
Charges of domestic violence can adversely impact the quality of your life. There are many instances when one partner has falsely accused the other of domestic violence. This can be for the following reasons, among others:
• Getting you out of their lives
• Win child custody battles
• Gain possession of the marital property
Regardless of the reason, it is important that you prove your innocence with appropriate legal assistance.
Here, we have listed a few ways to tackle false domestic violence assault charges in Buffalo.
1. Seek Legal Assistance from Attorneys in Buffalo
Your immediate action after being falsely accused of a domestic violence assault charge should be to reach out to an experienced attorney specializing in Family Law in Buffalo. You should reveal intricate details of the accusation to your attorney. This will enable them to guide you appropriately through the proceedings of the case.
Further, knowledge of the necessary details will help your Family Law attorney build an effective defense strategy against the false charges levied against you. Your spouse may have been angry at you and falsely accused you of seeking revenge. Your family law attorney will support your case and work towards presenting it in the best possible manner in court.
Just like divorce attorney in Buffalo cost pays off in the form of a positive legal outcome, the money you spend in engaging a family law attorney will also be worth it. They will work relentlessly to prove that you have been wrongly accused and are a victim of a malicious plot for revenge.
2. Inform Family and Friends
Allegations of domestic violence can weigh heavily against you. You should not be surprised if your closest friends and family members turn against you. They may permanently distance themselves from you if the court declares you guilty of abusing your spouse and/or children, even for false charges.
If you find that your partner is erratic, has been threatening to go to the police, or is raising a concern with your family and friends, you should be letting your near and dear ones know about their behavior.
They may not help you right away or directly, but informing your family or friends beforehand may be an effective way of tackling impending false allegations of domestic violence. These friends and relatives can be important witnesses who may help prove your innocence if your partner does file a false case of domestic violence against you.
3. Accumulate Evidence
Collect as much evidence as possible from the start to prove your innocence. This may include emails from your partner or threatening text messages. You can also make video/audio recordings to present as evidence.
It is important that you share this evidence with your Family Law Buffalo attorney. If you are finding it difficult to gather valid evidence, inform your attorney. They will guide you to obtain relevant pieces of evidence.
Further, you should update your attorney with every development in your case, no matter how small. This will enable them to help you gather the right type of evidence and prove your innocence.
4. Do Not Breach Any Court Order
If a restraining order has been issued against you, you should adhere to its terms and conditions. You may be forced into a situation where you might be tempted to breach the order. Doing so will result in further penalties and legal consequences.
If the order mentions any restrictions on meeting your partner or children, it is best to comply. You should not be lured into defying the order in any way.
Instead, you should keep track of their requests to meet. You should also consider maintaining a record of instances wherein your partner has been cited on your premises. This will help prove that your partner doesn’t consider you a threat.
5. Stay Focused and Stick to Your Defense
You should remain calm and composed throughout the court proceedings. The prosecution may try to trigger you into an outburst. This may be a trap that will make it harder for your attorney to prove your innocence.
Moreover, you should keep in mind that you are not guilty. Focus on proving this in court. It is also important that you follow your defense strategy. Discuss it in detail with your Family Law Buffalo attorney and familiarize yourself with all its aspects.
You should not change the story/facts presented. Contradicting statements may make it difficult for your attorney to present your case in a positive light. Work with your attorney, stand by your claim, and let the legal system do its job.
Domestic violence charges are, by themselves, difficult to tackle and more so when they’re falsely levied. You should be careful in handling such a serious allegation. The best way to deal with it is to hire an experienced Family Law Buffalo attorney. They will evaluate the details of the case and strive towards providing the most effective defense. Hopefully, the abovementioned points will give you a fair idea of how to deal with a false domestic violence allegation.
Contact Us for Consultation in Your Domestic Violence Case
Carlson & Jones, P. A. comprises a team of experienced Family Law attorneys. We will assist you legally, protect your rights, defend your honor, and guide you through the complexities that most domestic violence cases involve. You may contact us at (855) 976-2444 or contact us online to discuss your case.