It's estimated that domestic violence is a problem in as many as 20 percent of all marriages. While a regrettable figure, this statistic also highlights the reality that the overwhelming majority of marriages do not involve this type of inappropriate behavior. However, as an act of revenge or for a number of other reasons, some spouses may falsely accuse their partner of domestic violence. If you've found yourself on the receiving end of a criminal charge, you understand the severity of the problem and just how important clearing your name is.
The first thing you need to do is find out the specifics of the accusation. Contrary to popular belief, domestic violence isn't just physical battery or assault. Domestic violence charges can also include scenarios like stalking. Failure to understand exactly what you've been charged with could cause you to innocently play into the hands of the accuser.
Take an individual who has falsely been accused of stalking, for example. If the accused repeatedly calls or shows up at the workplace of their partner to demand an answer as to why charges were filed against them, this will eventually start to look like the person is actually a stalker. In this type of situation, ceasing all contact with the accuser would be the best way to avoid further problems.
In any domestic violence case, a charge is only the beginning. Before you can be found guilty, a prosecutor must prove that you committed an act of domestic violence. This is typically done through a series of elements, or check-boxes. The key element you want to focus on is the element that contains information proving that you did commit the crime.
For example, for a case involving domestic battery, this could include medical records that corroborates a physical injury. For stalking, a call log that shows repeated calls from the accused. If the prosecution doesn't have hard facts when it comes to this element, the case is generally nothing more than a claim of their word against yours and this leaves you with an excellent opportunity to clear your name.
From helping you understand the charges to helping you sift through the elements of the prosecution, an attorney can assist you. If you have been falsely accused of domestic violence, don't let your lack of knowledge result in your conviction. Make sure you have someone who knows the law on your side.
To learn more, contact a domestic violence attorney like Jeffrey D. Larson, Attorney At Law.
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