No one is disputing the fact that domestic violence is a major crime. Sadly, nearly 20 Americans per minute are physically abused by an intimate partner.
But false domestic violence accusations happen, too. And they can turn your life upside-down for years to come.
It doesn’t matter what might’ve gone wrong between you and your partner. You don’t deserve to be punished for a crime you didn’t commit.
As a skilled and experienced domestic violence lawyer, I’ve taught many clients how to deal with false domestic violence accusations in NJ. Today, I’m sharing my best tips for getting through this harrowing experience plus answers to your biggest questions.
My Best Advice for Dealing with False Accusations
You might think being falsely accused of domestic violence is the worst thing that could happen. Unfortunately, the aftermath can be even uglier if you aren’t careful.
Here are the 5 things you should do to deal with these false accusations effectively:
1. Don’t try to “talk things out” with your accuser or approach them.
This is doubly true if they’ve obtained a restraining order against you. The prosecution will use absolutely everything you do and say against you.
2. Keep modeling good behavior.
Especially if you have children, the prosecution is going to watch you like a hawk. Losing your cool in public or partaking in unlawful behavior just makes it easier for a jury to believe these false accusations.
3. Stick to your defense.
Your accuser and their legal team are going to review everything you say with a fine-toothed comb. Changing your story, waffling on the details, or contradicting yourself in any way just makes you look guilty.
4. Remember who the liar is here.
With your accuser, their legal team, and maybe even your social circle turned against you, it’s easy to feel like the bad guy. But the person falsely accusing you is breaking the law, not you. You have no reason not to cooperate with your attorney or follow due process.
5. Hire skilled and aggressive legal representation immediately.
Navigating the court system is overwhelming, even if you’re innocent. A great NJ domestic violence lawyer will have experience defending falsely accused people like you, and you need an expert in your corner.
Answers to Your Questions About False Domestic Violence Accusations
How common are false accusations of domestic violence?
False accusations of domestic violence are uncommon, but they do happen. A recent nationwide survey found that approximately 8% of Americans have been hit with fake domestic violence allegations.
That’s 20.4 million people nationwide! In 62% of false accusations, the accuser is a female. And even more interesting, 27% of false accusations are due to child custody disputes.
How to defend against false domestic violence charges?
You can defend against false domestic violence charges with evidence, a solid alibi, and by finding errors in the prosecution’s logic.
It’s important to know the burden of proof rests on your accuser and their legal team. They must convince the court that you had the means and motive to commit the crime.
So if you have a solid alibi—like proof that you were nowhere near your accuser at the time of the incident—that’s a great defense. Any other evidence proving your innocence is also effective.
But often, domestic violence takes place behind closed doors. You might not be able to prove you were home or not involved. That’s why you need a highly skilled NJ domestic violence lawyer like me. I’ll identify inconsistencies and errors in the prosecution’s case as part of your defense.
How to get false domestic violence charges dropped?
The only way to get false domestic violence charges dropped is by convincing the state prosecutors to do so. You see, it doesn’t matter if your accuser retracts their statement in the state of Jew Jersey.
Even if your accuser goes through all the proper channels to remove a restraining order, the court can choose to prosecute you. It all comes down to the evidence.
I’ve been defending New Jersey residents from false domestic violence accusations for over 2 decades. I know what it takes before prosecutors will agree to drop these very serious charges.
Working with an experienced and successful domestic violence lawyer is the surest way to get false domestic violence charges dropped.
How to prove false allegations of domestic violence?
You can prove false allegations of domestic violence by using witnesses, exposing inconsistencies, and proving your accuser has an ulterior motive.
As I mentioned earlier, over a quarter of false allegations of domestic violence are related to child custody. It’s sad seeing the levels people will stoop to just so they can “win” in court. But if we can clearly illustrate your accuser’s hidden motivation, it’s a great way to prove the allegations are false.
Every case is different, but these are solid starting points. When you work with me, we’ll craft a bespoke strategy to prove your innocence.
What to do if you are falsely accused of domestic abuse?
If you’re falsely accused of domestic abuse, follow the 5 tips I mentioned earlier:
- Don’t try to contact or work things out with your accuser
- Continue to be a law-abiding citizen in all matters
- Stick to your defense
- Remember you’ve done nothing wrong
- Hire an expert attorney ASAP
These 5 steps create a solid foundation for your defense, which you’ll need to be found innocent. From this point, follow your attorney’s advice. Doing so makes a favorable outcome much more likely for you.
Protect Yourself by Hiring the Best New Jersey Domestic Violence Lawyer
I have over 20 years of experience defending my clients from false domestic violence accusations in NJ. My extensive experience means I have the experience, knowledge, and skill to defend you.
Even if your case is severe enough to be heard by NJ’s Superior Courts, I can help you. The sooner you hire legal representation, the sooner we can start building your ironclad defense.
I believe in helping people and protecting your civil liberties. Why should you have to deal with life-altering penalties for a crime you didn’t even commit? You shouldn’t.
If you’re struggling to deal with false domestic violence accusations in NJ, call Middlesex County Domestic Violence Defense Lawyer John B. Fabriele, III right now, day or night, at (732) 246-0888 for your free consultation.