It can be stressful figuring out what to do when an ex wrongfully accuses you of domestic violence. False allegations of domestic violence from a former spouse can have devastating consequences both personally and financially. If you have children, the situation can become even more complicated, potentially leading to termination of custody and/or visitation rights.
Since courts often favor the woman, it is important to take these allegations seriously no matter how ridiculous you think they are. If you are accused, you may be arrested if you are still living with your partner or if the proceedings have not been finalized. You can also be responsible for higher alimony payments, and your name may not be taken off of mortgages or other shared expenses.
You are entitled to know your rights and to ask questions. Do not risk it and bring up anything that could be misinterpreted while in custody or under arrest. It is best to simply remain silent and wait for your lawyer. Keep in mind that false accusations can result in the imprisonment of the accuser for up to six months. If they falsify evidence, or lie under oath if you go to trial, remember this can only add to their possible sentencing.
The positive is that since domestic violence carries such severe penalties, great pains must be taken to prove the alleged attacks did in fact happen. If your case is easy to disprove, any temporary restraining order can be lifted be your attorney — a wise action to take as legal proceedings must start within ten days from when a temporary restraining order is filed. If necessary, your lawyer can request a longer period of adjournment to prepare for the trial — though this step is far from ideal. If you go to trial, be sure to cooperate fully while maintaining your innocence. Stand firm, gather witnesses and evidence in your favor, and listen to the advice of your lawyer.
If you are wondering what to do when an ex wrongfully accuses you of domestic violence, you should contact a lawyer immediately. Even if it seems simpler, do not give in and perjure yourself by admitting to crimes you did not commit. Instead, don’t be afraid to get legal help and move forward. It is best to stay completely away from your ex, and, if you must meet to exchange children or money, always bring along a third party to accompany you. There are options out there for those who have been wrongfully accused. Don’t be bullied into staying passive.
Please call Ann Thomson Law (Seal Beach family law attorney) at 562-431-4333 or contact us online today if you have been falsely accused and need immediate legal representation. Your initial consultation is free.