What to Do If You're Accused of Domestic Violence

Being accused of domestic violence can be overwhelming. It is a serious matter with both legal and social consequences. Whether the accusation is true or false, it’s important to handle the situation carefully.

Perlman & Cohen Los Angeles Criminal Lawyers are here to help you understand your options. We provide legal representation for those who have been falsely accused of domestic violence or are facing criminal cases. Our experienced team will work with you to protect your rights and your future.

If you are facing domestic violence charges, it’s important to take the right steps right away. We’ll guide you through the legal process and help you build a defense strategy. Contact us today for a free consultation.

Understand the Seriousness of the Situation

Domestic violence (see California Penal Code § 13700) accusations are very serious. Whether they are false accusations or true, they can have a long-lasting impact on your life. These charges may lead to a criminal record, restraining orders, and child custody issues. The legal system under California Penal Code § 273.5 treats domestic abuse claims seriously, and the penalties can be severe, even if you are falsely accused of domestic violence.

If you are proven guilty, the consequences may include jail time, fines, and mandatory counseling. Even if the accusations are false, the social stigma can be damaging, affecting your personal relationships and reputation. These cases should never be taken lightly, and it's important to seek help immediately from a criminal defense attorney who can defend your rights and guide you through the legal process.

Legal and Social Impact of a Domestic Violence Accusation

• Criminal charges: If found guilty, you could face jail time, fines, and a permanent criminal record.
• Child custody: Domestic violence accusations can heavily affect custody decisions. The court may limit your rights with your children.
• Social consequences: Being falsely accused of domestic violence can harm your reputation, relationships, and job opportunities.

Potential Consequences

• Jail time: Domestic violence charges can result in a jail time of not more than a year, especially if there is physical abuse involved.
• Restraining order: A domestic violence restraining order may be issued, limiting your contact with the protected person.
• Financial impact: You may be required to pay spousal support or child support if the accusation leads to a conviction.
• Probation: In some cases, you could face probation instead of jail time, along with counseling or anger management programs.

Avoid Confrontation with the Accuser

If you are accused of domestic violence, avoid any further confrontation with the accuser. Contacting them or showing up at their home can make things worse. Instead, let your criminal defense attorney handle communications. Taking matters into your own hands can harm your case.

Exercise Your Right to Remain Silent

One of your most important rights is the right to remain silent. Anything you say can be used against you in criminal court. Even if you are falsely accused of domestic violence, it’s crucial not to speak to law enforcement or others without an experienced criminal defense lawyer present. Your lawyer will help protect your rights and guide you through the legal process.

Hire an Experienced Domestic Violence Defense Attorney

If you are facing domestic violence charges, it’s crucial to hire an experienced criminal defense attorney. A good lawyer will help you understand your options and develop a defense strategy. They will represent you in court, help gather evidence, and fight for the best outcome possible.

Your attorney will be by your side, ensuring you understand each step of the legal process. With their guidance, you can work toward a favorable outcome.

Gather Evidence to Support Your Defense

When facing domestic violence charges, it's essential to gather evidence that supports your defense. This can help prove that the accusations are false or show the truth of the situation.

Some of the ways to collect evidence are:

• Text Messages, Emails, or Voicemails: Messages or recordings that show there was no threat or abuse can be critical in your defense. They may help disprove the false accusations.
• Witness Statements: If anyone saw the incident, their statement could be vital. Witness statements can help confirm your version of events and clear up misunderstandings.
• Photos or Videos Proving Your Innocence: Photos or videos showing no injury or showing who started the confrontation could be valuable. Physical evidence like this may help strengthen your defense in court.

Comply with Any Legal Orders

If the court issues any restraining orders or temporary orders, follow them strictly. Violating a restraining order can result in criminal penalties, even if you believe the order is unjust. Your criminal defense attorney can help you understand the terms of the order and work to challenge it if necessary.

Common Defenses Against Domestic Violence Accusations

You have the right to defend yourself against false domestic violence accusations. Some of the most common defenses include:

• False Allegations: Sometimes, people are falsely accused of domestic violence due to personal issues, misunderstandings, or malice. Your criminal defense lawyer can help prove that the accusations are false.
• Self-Defense: If you acted in self-defense during a confrontation, it can be used as a defense. Your lawyer will help explain how you were protecting yourself from harm.
• Lack of Sufficient Evidence: If the prosecution cannot prove the accusations beyond a reasonable doubt, the charges may be dropped or reduced. Your lawyer will challenge the evidence and argue that there isn’t enough proof to support the claims.

Steps in a Typical Domestic Violence Case

1. Accusation: The process begins with an accusation of domestic violence.
2. Investigation: Law enforcement investigates the claim. They will interview both parties and gather evidence.
3. Charges: If the district attorney believes there is enough evidence, they will file domestic violence charges.
4. Court hearings: You will attend a court hearing where evidence is presented.
5. Trial: If the case goes to trial, the district attorney will try to prove the charges, and your lawyer will defend you.
6. Sentencing: If found guilty, the court will decide your punishment, which could include jail time, probation, or counseling.

FAQs

Contact Our Los Angeles Domestic Violence Lawyer for a Free Consultation

If you’ve been accused of domestic violence, Perlman & Cohen Los Angeles Criminal Lawyers are here to help. We offer a free consultation to discuss your case and give you the legal assistance you need.

We will carefully review your situation, provide expert advice, and fight for the best possible outcome. Contact us today to schedule your free consultation and start building your defense.