Courts issue over 1 million restraining orders each year. Unfortunately, it’s estimated that 700,000 of these restraining orders are issued due to false allegations of abuse. The legal system tends to favor victims in domestic violence cases. When charges are issued, it’s to ensure that victims are protected from physical, emotional, and sexual violence. However, it’s not uncommon for domestic violence allegations to be misused as weapons, particularly during divorce and custody proceedings.
A false allegation of domestic violence can have a severely negatively impact on a person’s life. Review the following information if you’re ready to challenge the charges made against you.
Domestic violence penalties include:
- Protective orders
- Mandatory community service
- Jail time
- Termination of parental rights
Your defense strategy depends greatly on your ability to compile relevant evidence. For example, if the claimant alleges that you made threats and struck a wall, you can take pictures proving there is no damage to either the wall or your hands. Likewise, in cases regarding physical assault, you can take pictures of your hands to show the absence of bruises and swelling.
It’s also important to create a written record of the event as soon as possible. Your case may be compromised if you forget or misremember significant details.
Beneficial evidence includes:
- Pictures and videos
- Witness statements
- Relevant text messages from the claimant
- Applicable social media posts
- The claimant’s alcohol receipts
- Security footage of the event
Contact a lawyer immediately if you’re unable to gather this evidence because you have been arrested.
Hire a Lawyer
Hiring an experienced attorney is the only way to successfully challenge a domestic violence charge. In fact, you need to retain legal representation before talking to any members of law enforcement. You have the option of hiring a public defender, but a qualified and experienced domestic violence lawyer can devote more time and resources to your case.
A domestic violence attorney can help you:
- Prepare for your trial
- Expose false allegations
- Pursue an affidavit of non-prosecution
- Prepare a defense strategy
- Compile relevant evidence
- Subpoena witnesses
- File a Notice of Appeal
It’s important to hire an attorney that can clear your criminal record. While a public defender is free, it’s the domestic violence lawyer who can win your case.
Clear Your Criminal Record
Retaining aggressive legal representation is the only way to successfully challenge a domestic violence charge. Contact The Virga Law Firm, P.A. if you’re ready to fight for your innocence. Our trial-tested domestic violence attorneys can examine your case, implement a solid defense strategy, and fiercely defend you in court.
We’re available 24/7! Call The Virga Law Firm, P.A.at (800) 822-5170 to schedule a case evaluation.