Defending False Accusations of Domestic Violence

If you are faced with defending false accusations of domestic violence, contact North Carolina defense lawyer Jonathan Breeden today at (919) 661-4970 for a consultation.

What Happens If You’re Wrongly Accused?

If you find yourself in a situation where you are falsely accused of committing an act of domestic violence, you need a solid defense. 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:

• Attempts or intends to cause serious bodily injury
• Places the aggrieved party or a family member in fear of imminent serious bodily injury or continued harassment that rises to the level of emotional distress
• Any other violent illegal act towards a person with which the offender has a personal relationship

Thus, the person accusing you of domestic violence must show that any of the above were caused by you. It can be very difficult to defend against such allegations.

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:

• Vacate marital property
• Stay away from the alleged victim’s place of work or school
• Refrain from contacting minor children
• Pay support to the alleged victim and other family members

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

How an Accusation of Domestic Violence Affects Divorce and Child Custody

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 determining an 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.

How to Defend Against Wrongful Accusations

Accusations of domestic violence can cause increased stress during an already difficult time of your life. You may be angry at false accusations 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:

• Written journal documenting interactions with your accuser, witnesses, and other information
• Medical records from the alleged victim
• Photographs that depict alleged physical abuse
• Statements from witnesses
• Arrest records

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.