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How Can I Prove Domestic Violence Accusations are False?

by | Mar 17, 2020 | child custody and support, Domestic Violence, News and Events

Domestic violence is, unfortunately, a common theme in divorces. The National Coalition Against Domestic Violence reports that 1 in 7 men and 1 in 4 women have been the victim of domestic abuse. While being sensitive to victims of violence is of the utmost importance, not all accusations of domestic abuse are truthful. In some cases, one spouse will attempt to gain control over the other by alleging abuse. The state acts quickly to remove perpetrators of violence from the home in an effort to protect victims, making it easier for a disingenuous spouse who wants to keep the marital home or gain sole custody of their children to do so without much of a fight.

Here’s what you need to know about how to prove your case of false allegations.

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What Happens When You’re Accused of Domestic Abuse?

If you’re accused of domestic violence, you will likely be issued a protective order that requires you to stay a certain distance away from the alleged victim(s). This means you could be forced from your home and access to your children will be removed. Your reputation may suffer within your family, circle of friends, and even at work. If convicted, you could be required to serve jail time, pay hefty fines, and attend mandatory counseling. You’ll likely have to carry the charge on your criminal record for the rest of your life.

What If the Domestic Violence Allegations Are False?

If the accusations against you are false, it’s important that you take action right away to:

Identify Potential Evidence

If no abuse occurred, or the abuse actually happened to you and not vice versa, gather as much evidence as possible. Time-stamped photos or social media posts around the time of the alleged abuse can indicate a lack of evidence that physical violence occurred. Or, they may show your ex in a jovial, happy mood that would contradict just having been a victim of violence.

Identify Potential Witnesses

Were there any witnesses who may have heard or seen the alleged abuse? Can they testify that you were not the perpetrator of the abuse, or that the abuse did not occur when or how your ex-spouse is suggesting? Get into contact with anyone who may be able to provide witness testimony in your favor. For example, a close friend may be able to testify that they never witnessed fighting or violence occurring in your relationship or a neighbor may be able to testify that they saw your ex after the alleged incident and saw no signs of violence or abuse.

Identify Potential Alibis

If your ex-spouse is accusing you of committing domestic abuse on a day or time when you were somewhere else, this can be an excellent way to prove your innocence. If you were at a store or restaurant and have a time-stamped receipt for when your ex says you abused them, you can submit this as evidence that you couldn’t have been the perpetrator. A person can also be your alibi; if you were with someone else and not your ex, they can testify that you were together and that it would have been impossible for you to have committed the abuse.

Identify Potential Motivations

Unfortunately, tangible evidence of domestic violence rarely exists because it’s a crime that almost always occurs between two people behind closed doors. Because of this, motive matters. If your ex has falsely accused you of domestic abuse, you may be able to prove that they had the motivation to do so and would benefit from it. For example, your ex-spouse may have threatened to have custody of your children taken away if you moved forward with a divorce. If you’re suddenly saddled with a surprise domestic violence charge, you may be able to show the court that your ex-spouse had intentionally planned to use all resources at their disposal to achieve their goal.

When Should You Contact a Long Island Divorce Lawyer?

If you’ve been accused of committing domestic abuse, whether you’ve been formally charged or not, it’s critical that you discuss your legal options with an experienced New York family lawyer. Your future, the wellbeing of your family, and your reputation are on the line. If the allegations against you are false, you could be penalized harshly for a crime you’re innocent of.

At Hornberger Verbitsky, P.C., we understand how difficult it can be to face false accusations of domestic violence and how seriously these allegations can affect your life if convicted. Don’t wait to get legal help — call us today for a free consultation at 631-923-1910.

 

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
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Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
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Rob Spielmann
22:15 27 Feb 20
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