Written by Jonathan Breeden
Because of the seriousness of these allegations, you need help from an attorney when you’re defending false domestic violence claims. You should have someone on your side who will communicate with your accuser or their attorney, as well as show the court that the allegations against you are completely unfounded.
Attorney Jonathan Breeden of Breeden Law Offices has nearly two decades of divorce and family law experience. He will work tirelessly to make sure the court knows you are innocent. Call (919) 661-4970 today to discuss your matter.
If you find yourself in a situation where you are falsely accused of committing an act of domestic violence, you need a solid defense. Proving innocence in domestic violence cases can be challenging, as your accuser may make allegations that seem inaccurate, but you cannot control what the court believes.
According to North Carolina General Statutes Chapter 50B-1, domestic violence is any act that:
Thus, the person accusing you of domestic violence must show that any of the above were caused by you. Proving innocence in domestic violence cases can be very difficult, but with strong legal representation, you can effectively challenge false claims.
If a judge finds that you may have committed an act of domestic violence, they may issue a temporary restraining order for ten days on just the alleged victim’s word and before you are given a chance to share your side of the story. The order may require that you:
A restraining order, or Domestic Violence Protection Order (DVPO), may be issued and in place for up to one year or more after a hearing that you will be given notice of and have the right to testify in. If it is violated, you may face criminal penalties, including time in jail or monetary fines.
Falsely Accused of Domestic Violence
If you have been found responsible for an act of domestic violence against your spouse or other family members, a judge will consider the situation during divorce and child custody proceedings. When defending false domestic violence claims, it is crucial to have legal representation to protect your rights. During the equitable distribution of property and debts, a judge may make a decision that is more beneficial to the alleged victim of domestic violence. Victims of domestic violence are not required to provide an address during divorce proceedings, and they may maintain a higher level of privacy.
During child custody hearings, a judge will consider any allegations of domestic violence. Children who were the victims of domestic violence or who were even exposed to spousal violence may need a higher level of protection. The court may order supervised visitation or remove custody from a person found guilty of domestic violence.
False accusations of domestic abuse can cause increased stress during an already difficult time in your life. You may be angry at these claims and confused about how to defend yourself. It is important that you remain calm. Contact a North Carolina domestic violence defense attorney right away to represent your rights in court.
If you are accused of domestic violence, the court will hold a hearing to evaluate your situation. The judge will listen to evidence from both sides and determine whether your situation warrants a DVPO of up to one year. You must be prepared. Attorney Jonathan Breeden will help you gather the following evidence to defend your side of the story:
Any physical proof, or lack thereof, will strengthen your case and make it harder for the accuser to prove that you committed the act and that they are in reasonable fear for their safety moving forward.
Domestic violence allegations are serious, and you need to act quickly before the court of public opinion makes things worse for you. When defending false domestic violence claims, it is essential to have a skilled North Carolina family lawyer by your side. Attorney Jonathan Breeden recognizes the significance of these accusations, and he is prepared to help you.
Our firm has helped clients for decades, and we are prepared to hear your story and guide you through your legal options. Call (919) 661-4970 to schedule your consultation now.