The Most Common Defenses Against False Allegations in Domestic Violence Cases

In Orange County, the Family Protection Unit (FPU) is responsible for charging people with domestic violence. They make their decisions about whether to charge someone with a felony or misdemeanor based on factors like the injury severity, use of alcohol or drugs, criminal history in your past, and if there were weapons used.

If you have been accused of domestic violence, you need to brush up on how to fight false allegations of domestic violence as possible. False charges can lead to jail sentences and immigration repercussions if you end up getting convicted. The following list includes the most common defenses against false allegations.

You Didn’t Do It

One of the most obvious defenses you can choose is to say that you simply didn’t do it. For example, you may be able to prove that you weren’t at the scene or had an alibi for the time the injuries were said to take place. If you had a time clock record from being at the office or a restaurant receipt with security footage from eating out, those forms of evidence could go a long way toward helping your case.

The Injuries Were an Accident

To achieve this defense, you need to show that the injuries were caused by an accident and not domestic violence. For example, the accident may have occurred because of an injury from working in the garden. Your attorney will look for evidence, such as blood on a trowel and proof that a gardening project was underway.

They Lied

This defense relies on showing that the other party lied. For instance, they may have said that they were cooking hamburgers when it happened, but there are no dirty dishes or evidence of prepared meat or burger buns. Alternatively, the injuries might not match their story.

It Happened Because of Your Partner’s Behavior

If you agree it occurred but was only due to the partner’s behavior, you’ll need to prove that the partner has violent tendencies and determine if the prosecutor can actually prove their side. For example, the domestic violence case may have occurred because you were stopping your partner from abusing your kids when they were experiencing a fit of rage.

It Was Defense

To show that you were simply defending yourself, your attorney will need to talk to witnesses and demonstrate any defensive wounds. They’ll need to analyze the other person’s injuries and show inconsistencies in their stories.

There Isn’t Proof Beyond a Reasonable Doubt

Learning how to counteract false accusations can be difficult. However, it’s also essential to remember that the government is held to a higher burden of proof. Sometimes, the best–or only–defense is showing that the prosecutor can’t prove their case beyond a reasonable doubt.

Can You Sue for False Allegations of Domestic Violence?

In certain cases, you can sue the accuser in civil court for false allegations of domestic violence. For example, you can recover damages if you suffered from reputational harm. The penalty for false accusation of domestic violence in California can include jail time and fines, but this is only if the accuser is charged for their false accusations.

Prepare Your Domestic Violence Defense Against False Allegations

When it comes to navigating domestic violence false accusation statistics, the numbers are stark. According to one national survey, around 8% of Americans report being falsely accused of domestic violence. Once accused, these charges can impact every aspect of your life. They can limit your ability to obtain certain jobs and lead to stiff financial penalties. If you are an immigrant, your charges can be considered an aggravated felony and lead to your immediate removal from the country.

Because of this, you need to learn how to fight false allegations of domestic violence. With the help of a skilled criminal defense attorney in Orange County, you can determine which defense makes the most sense for your case and start compiling evidence. Learn more by reaching out to your team today.