Have you ever touched your spouse’s hand or yelled at your partner during a heated argument to stress a point when angry? In case you have, you like couples out there who think it’s not a wrong thing to do. A million couples think that as wrong as the relationship remain strong, then they are right. However, if the relationship is heading for a separation or divorce and/ or strained, then these actions are highly going to be misinterpreted in the courtroom in a way that could prompt to you being removed from your home, permanently or temporarily, on account of domestic assault charges. Therefore, this article will help you face a false domestic violence assault charge.
What is False Domestic Violence Assault Charge?
Domestic violence is described as abusive behavior or action between intimate partners. Such acts include physical or sexual assault, intimidation, and battery, to mention but a few. Sadly, the impacts of domestic violence can extend beyond mere bodily injury to death or psychological damage. In Ontario, the law enforcement officials do not take the domestic violence claims lightly, and the suspect could be placed under arrest. However, this can mean that an innocent person could be accused and arrested for a crime they did not commit.
No one disputes that domestic violence is a severe crime, however, at some point, someone can be falsely accused. A significant number of partners will use false claims of emotional or physical mistreatment to:
- Immerge winners on custody battles,
- Get their partners out of their lives,
- Get even with a partner filing for a separation
- Gain possession of their domestic partner’s or their spouse’s property.
Once accused, the people around will not believe that you are innocent regardless of what you do. You might not ever persuade them you are not a domestic abuser. This goes ahead to show that the concept ‘innocent until proven guilty’ do not apply to some people on domestic assault charges. Besides, the accused might
- Lose his or her job
- Go to jail
- Get his or her reputation ruined
- Make an entry into the criminal records affecting future employment
- Lose visitation by his/ her children
In case of such accusations, how do you face the false domestic assault charges?
How to Face the False Domestic Assault Charges
- Get yourself an Attorney
Immediately after being accused of domestic abuse should be to look for an attorney to represent you. The attorney will prove in the court that indeed you are the victim of your partner’s malicious plot of vengeance. Make sure you provide the attorney with information to depict your partner as an accuser who is merely lashing out.
- Show you are responsible and a good parent
Untrue accusations could breach your rights to see you’re your kids. Ask the attorney how you can prevent losing your parental privileges.
- Avoid breaching restraining orders
In case the restraining orders have been issued against you, trying as much as possible not to infringe any of its terms as well as conditions. Your spouse might try to push you to a situation where you could breach to face legal consequences. Besides, avoid being lured to meeting the accuser or anyone mentioned in the order. This includes the children. In case you have to meet them, meet them at your premises.
- Remember who is in the wrong
In this situation, you are on the right, and the accuser is one breaking the law. Focus much on proving that indeed you are innocent. The accuser might face perjury charges. Importantly, bring on board the most competent domestic abuse defense attorney and offer maximum cooperation.
- Throughout the entire process, stay focused
Stay focused. The prosecution side will try to trap you and bait to outburst. Staying focused will help you a great deal.