Domestic Abuse – What You Need To Know About False Allegations.

Domestic abuse is a very real, and very frightening form of violence. It is sometimes called domestic assault or spousal abuse, and occurs between relationship partners. But we cannot justifiably discuss this topic without also addressing the issue of false allegations.


The only difference between a simple assault charge or an assault and battery charge, and a charge of domestic violence, is the relationship between the alleged perpetrator and the victim. If a person punches another person in a bar fight, the resulting charge would most likely be simple assault. If that same person goes home and hits their spouse, the charge is now domestic assault.


It is commonly thought that women are more frequently the victims of domestic assault, more likely to be the subjects of severe abuse, and more likely to be physically injured by an abusive partner than men. While all of the available statistics support this, and we are certainly not denying the awful realities of domestic assault, what is so often overlooked is the issue of false allegations.


Domestic violence charges carry enormous social stigmas. Many people are “convicted in the court of public opinion” when they have not been proven guilty in a court of law. Unfortunately, it is not as uncommon as you would think for an angry or bitter spouse to accuse someone of domestic abuse in order to gain the upper hand in a custody battle, or in an attempt to influence the outcome of asset divisions during divorce.


The terrifying facts in these cases are that once the charge has been made, the accuser cannot “retract” the accusation, nor can they “drop” the charges.


So, in effect, the simple act of falsely accusing someone is enough to negatively impact their life forever. The damage is done. Especially in situations where the accuser is a woman and the accused is a man, it is almost inevitable that the man will be viewed as a criminal from the moment he is accused. Even if the allegations are nothing more than attempts to manipulate the system for personal gain.


Having a domestic assault charge on your record, even if it’s completely unfounded, can negatively impact your future in a great many ways. Your chances of getting a job, your future relationships, your divorce settlement, and even your custody options can all be affected by  allegations of domestic abuse.


Thankfully, the choices made by your accuser aren’t the only ones that can impact your future. Your choice regarding legal representation will make a huge difference in the outcome of your case. Having an experienced and understanding attorney who will partner with you through every step of the process, can make all the difference to your future. So don’t wait –  contact us today, we are here to help.


After my previous attorney passed away, I hired Chuck to move forward with my parenting time modification. He helped me through the process. He even tried to save me attorney fees by suggesting that my ex and I work out the issues with a parenting time coordinator. Well, that didn't get me anywhere and he did not agree with anything that the coordinator came up with, so he filed a motion on my behalf. I ended up getting more time with my boys that my ex couldn't be there for. Thank you Chuck! I will for sure hire you again if I have any future issues!!

Erica on Avvo, 2014

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