It is a reality that some people make false allegations of domestic violence to try to control their partners or spouses. Others make those claims to show that they have power over another person. Sometimes, these people are dealing with mental illness, want revenge or want to profit from your arrest and conviction.
While those who are accused know that they didn’t do anything wrong, they may not realize how serious it is to be charged nonetheless. If they don’t take action, the false allegation could end up leading to real consequences.
With a domestic violence charge, most people are looking at a misdemeanor. However, depending on what the other person says or the alleged evidence they show, the charge could become a felony. If you’re falsely accused, it’s important to take action to protect yourself.
The prosecution has to show that the person who accused you is your child’s co-parent, someone who lives or lived with you, a current spouse, a former spouse or your fiancé or fiancée. They also have to prove that you used force against the other person willfully and in an unlawful manner. Depending on the type of violence that is claimed, there could be different penal codes involved in the case (and differing penalties upon conviction).
Our website has more information about domestic violence and what to do if you’ve been falsely accused. This is a serious charge to face, but by understanding your legal rights, the possible defenses and the penalties that you could face, you’ll be in a better position to make decisions about your case.