It happens more often than you think, someone is mad, bitter, vengeful, and so that person takes action that harms you. That person accuses you of assault, and because you are a family member or intimate partner (former or current), assault becomes domestic violence. This allegation is particularly harmful because the impact of it is immediate. Before you are tried before a jury of your peers and found guilty or not guilty, a Magistrate's Order of Emergency Protection, commonly referred to as a protective order, can be taken out against you.
With a protective order in place in Texas, you may not be able to return to your home or visit your children, among other things, without restrictions or limitations put on you.
Further, if you fight the order and the alleged victim testifies, the alleged victim may not have to testify again at your criminal trial. That puts your criminal case at risk – not being able to confront the accuser before the jury may not be worth the risk of fighting the protective order, especially when the charge is based on false allegations.
Carl Ceder, an aggressive domestic violence criminal defense attorney based in Plano and representing clients throughout the greater Dallas-Fort Worth metro area, knows how to handle these cases. He also understands that strategies must be tailored specifically to the facts, circumstances, and nature of the alleged criminal event. Contact his office immediately if you have been charged with domestic violence based on false accusations.
The Nature of False Allegations of Domestic Violence in Texas
False accusations of domestic violence occur for many reasons, but once one is made, there is no undoing of it. Once the State has the case in its hands, it is not willing to dismiss it even if the accuser wants to drop the charges. So, in these circumstances, the alleged offender is the actual victim.
The Consequences of False Allegations of Assault & Domestic Violence
False allegations of assault and domestic violence are permanent. You may be able to expunge an arrest record in assault cases or fight a protective order in domestic violence cases, but the accusation has been made and because of it, society has judged you. When a person is accused of assault or domestic violence, he or she could:
- end up with an arrest warrant
- lose a job, gig, or another work-related project
- lose visitation with children, even if temporarily
- go to jail, even if overnight after an arrest
- lose the trust he or she had among family and friends.
In addition, you have to expend financial resources, time, and energy to fight the false accusation. If you lose, then the consequences are direr.
Examples of False Assault & Domestic Violence Allegations
To better understand false accusations of domestic violence, here are a few examples.
Example 1: Bitter after a Breakup
You break up with your significant other and he or she gets upset and strikes you. You do not strike back but threaten to call the police. Bitter and angry and worried about striking you first, your ex beats you to it and calls the police.
Example 2: Matters of Child Custody
Your ex simply hates you, for whatever reason, and so doesn't want you to see the child you have brought into this world together. She or he files a report that you assaulted the child and uses that report in custody papers.
Example 3: Revenge Because of a Divorce
You file for divorce. Your ex gets upset and calls the police, and even though you aren't even at the house, she or he makes up some story that you assaulted him or her and you are scared for your life.
In all of these cases, a thorough investigation should be able to uncover the lies. But it requires persistence, skills, and a thorough understanding of domestic violence crimes.
Example 4: Friendships Over-rated
You are out with a buddy drinking. You both like the same person at the bar. It turns into a quarrel. To lose, and to get back at your ex-friend, you contact the police and claim you were assaulted.
How False Allegations Can Be Used as Part of a Defense Strategy
False allegations have a source – the accuser. The accuser likely has a reason for making the false allegation. Plus, the accuser likely has a hard time keeping the alleged facts straight since it's made-up.
A skilled assault and domestic violence defense attorney will investigate and uncover the reasons for the false allegation and bring those reasons to light. The defense attorney will also effectively cross-examine the accuser and witnesses to identify gaps or irregularities in the story and highlight the source of bitterness, rejection, revenge that may have provoked the false accusation. The attorney may also bring witnesses for the defense who can testify that the accuser made claims that she or he would falsely accuse to get back at the alleged offender or provide evidence to support the defendant's overall claims.
There may also be videos from cell phones or security cameras that confirm the accused did not assault the accuser when and where the accuser claimed.
Again, the defense strategy will be determined by the actual facts and circumstances. Carl Ceder will thoroughly investigate and develop a comprehensive defense strategy based on the findings of the investigation.
What To Do after Falsely Accused of Assault or Domestic Violence in Dallas-Fort Worth TX
If you have been falsely accused of domestic violence in the Dallas-Fort Worth area, the first thing you should do is contact a skilled defense attorney with specific experience in assault and domestic violence. But there are other steps you should take, too, to protect yourself and your loved ones.
- If a protective order was issued, by all means, do not breach it.
- Make sure to show you are a good parent if you have a child. Get evidence, like pictures and video, to provide to your attorney.
- Make notes of your relationship with the accuser and what you were doing at the time the accuser claims you assaulted him or her.
- Stay focused on what matters: your defense. Don't let other things bait you or intimidate you.
- Remember that you are innocent even if the law treated you otherwise.
Skilled Assault Defense Attorney in Dallas-Fort Worth
If you have been falsely accused of domestic violence in Plano, Dallas, Fort Worth, or the surrounding areas, fighting the charge is very important. The prosecutor will act quickly. You need to act quickly, too. Contact Carl Ceder to get started on your defense today.