Domestic violence is a terrible accusation to level against someone innocent of the crime. It can harm relationships, and careers, and tip the scales in divorce and child custody proceedings. Unfortunately, there are many situations where these outcomes are desired by an ex-spouse, romantic partner, or family member. False allegations of domestic violence must be handled with extreme care to minimize the damage done to you, when accused. A skilled attorney can help you defend yourself and regain your standing without falling into the intended trap.
What to Do If You Are Falsely Accused of Domestic Violence
If you have been wrongly accused of domestic violence, the Texas courts will issue a protective order keeping you from the accuser and an investigation will begin. This can impact your life significantly, and your actions from that moment are critical. Consider your next steps carefully and seek legal defense against the false accusation.
You will need to act calmly, prepare to prove that you are not an abuser, and legally defend yourself from the harm that can come from a false domestic violence accusation. Jack B. Carroll & Associates can help. Contact us by calling our law office or filling out a short online contact form to begin the necessary steps to undo the damage and protect yourself from further consequences of the allegations.
Our results speak for themselves and you can read about how we’ve helped people avoid false criminal charges in the past.
How is Domestic Violence Defined in Texas?
Domestic violence in Texas can fall into three categories;
- Domestic assault
- Threatened assault (emotional abuse)
- Kidnapping or forced confinement.
Under domestic assault there are also increasing degrees of severity, including aggravated assault, repeated incidents, and impeded breath (choking).
It is important to understand these nuances because even if the court cannot find evidence of direct assault, accusations of threatened assault or confinement are more difficult to disprove.
This is part of the reason that it is so important to proceed with caution when you are falsely accused of domestic violence. You can also be held accountable for violating the protective order, once issued, or interfering with a 911 call.
Why False Domestic Violence Allegations Are Made
Domestic abuse is a terrible crime, one that the court absolutely must take seriously. There are many situations where a victim only has one chance to speak out and, if not protected, they may be back under the control of an abuser. This is why protection orders and investigations cannot be rescinded, even if the accuser recants their statement.
So, why would someone make such a vile false accusation? Why would someone you know, and maybe even love, accuse you of domestic violence when you have not attacked, threatened, or confined them?
Revenge After a Breakup or Divorce
When a romantic couple has a dispute, breaks up, or is going through a divorce, this can create extremely negative feelings. One person may want revenge on the other, whether or not their feelings are justified. Because domestic abuse allegations are inherently harmful, and the harm is nearly instantaneous, it is a guaranteed way to hurt the other person while also forcing a situation where their ex cannot retaliate or even approach them after the act is done.
Leverage In a Divorce
Once a divorce goes to court, a judge can decide who is allocated marital assets. Seeking to prove the other person is an abuser is one way for an ex-spouse to try and gain leverage in divorce proceedings. They may have accused you of domestic violence in order to build a stronger claim on jointly owned property or financial assets.
Denying Child Custody
Unfortunately, false abuse accusations are extremely common when it comes to child custody disputes. This is because child well-being is the primary decider when it comes to court-ruled custody decisions. A scheming parent may hope to deny their ex access to the children out of revenge, pettiness, or selfishness by accusing them of being an abuser. Whether they accuse you of hurting your partner or attacking the children, a false domestic violence accusation is extremely damaging and must be disproven swiftly to maintain access to your children.
Mental Illness
There are also a few cases where domestic violence accusations come from someone who is not of sound mind. For example, a person experiencing acute paranoia or suffering from post-traumatic stress disorder (PTSD) may perceive abuse even if there was none. For example, they may hear shouting when your voice was not raised, hear threats during normal conversation, or perceive an outreached hand as an attempt to hit them. You may need to prove that the other person sees violence everywhere to show that you were falsely accused.
What Not To Do After Falsely Accused of Domestic Violence
- Don’t violate the protection order
- Don’t try to speak to the accuser
- Don’t speak to police
- Don’t post on social media
- Don’t act angry or upset
Being falsely accused of domestic violence is extremely upsetting. You may feel angry and confused at the accusation, afraid of the consequences, and frustrated at the automatically-issued protective order. You may be worried about your children or intensely desire to confront your ex.
However, the best thing you can do is to take no action at all. Stop, take a breath, and realize that the protective order is a test. Truly off-the-handle abusers are often unable to resist banging on their ex’s door, demanding they retract their statements, trying to take the kids away, and so on. The way the court sees it, a sane and careful person is far less likely to be an abuser. So take no extreme action.
“What not to do” in this situation is a very important list.
Do Not Violate the Protective Order
Read the protective order. Make sure you understand the terms exactly. This is a special restraining order likely requiring you to keep your distance and avoid contact with the accuser and/or any children between you. The self-control and comprehension necessary not to violate the order, even if it means temporarily moving out of your house, will act in your favor in proving you’re not an abuser.
Do Not Try to Speak to the Accuser
Don’t contact your accuser or try to convince them to take it back. They couldn’t take it back even if they wanted to, and contact likely violates the protective order.
Do Not Speak to the Police
If the police arrive at your house or conduct a temporary arrest, don’t explain the situation to them. They can and might use anything you say against you.
Do Not Post on Social Media
Don’t post your frustrations on social media, your personal blog, or your video podcast. The whole situation has just become a criminal investigation and anything you post -especially words of anger or frustration – can be used against you.
Do Not Act Angry or Upset
Avoid the typical acting out behaviors. Don’t wild out in bars, smash any windows, punch any walls, or holler at the sky. If you must, take it into a rural space where no one will be bothered.
What To Do As Soon As You Are Accused of Domestic Violence in Texas
If you have been falsely accused of domestic violence, first avoid the things you shouldn’t do. Once you are certain of your composure, you should begin building your defensive case immediately. Otherwise, the allegations will stand and could wind up damaging your permanent legal record.
Contact a Skilled Criminal Defense Lawyer Immediately
The first step to self-defense, when accused of being a domestic abuser, is to contact a skilled criminal defense attorney with experience in family law. A lawyer will help you build a strategy of defense. They will likely outline the evidence that can be used to prove your actions and whereabouts don’t match your accuser’s story, and may make a case regarding why the accuser might be motivated to make these false and harmful allegations.
Your lawyer can not only help you make it through the investigation and have the order of protection lifted, they can also help you expunge any records created by the accusation.
Collect Evidence On Your Activities and Behavior
Once you re working with an attorney, begin collecting information on your own activities. Collect character witnesses. Ask your lawyer to pull the phone records between you and the accuser, the GPS records from your phone or car, and even security camera footage in places where your accuser claims the abuse occurred.
Texas is also a One-Party-Consent state, meaning that you can record video and audio of your encounters with your accuser, as long as you are a participant in the conversation. Any past or future encounters that you recorded may be admissible as part of your defense in court.
Act as a Loving and Concerned Parent, If Applicable
Lastly, if there are children involved, be an attentive parent in whatever ways are permitted through the protection order. Ask your lawyer for help arranging supervised visits, sending birthday cards, and other things a concerned parent can do when otherwise restricted from access. This will help maintain a positive relationship with your children and show the court that you are an involved parent, even when denied parenting time.
When Falsely Accused, You Are Not Alone
When someone falsely accuses you of domestic violence, they are trying to isolate and hurt you.
The Houston criminal defense attorneys at Jack B. Carroll & Associates will stand with you during this difficult time. We will help you defend your honor, your assets, and your parenting rights.
Our results speak for themselves and you can read about how we’ve helped people avoid false criminal charges in the past.
Call 713-228-4607 or send us a message.