Being accused of domestic violence can be a traumatizing experience, especially if the accusations are false. Unfortunately, false accusations are not uncommon in domestic violence cases, and they can result in lasting reputational damage, loss of employment, and even incarceration if not appropriately addressed. Today, we are going to review and provide practical guidance on how to deal with false accusations of domestic violence and take the necessary steps to clear your name. Your first step needs to be contacting an experienced criminal defense attorney to ensure you understand your legal options at this time.

How to Overcome False Accusations of Domestic Violence

Here are some tips on what you can do if you have been accused of domestic violence, including:

• Remain calm – It is important to stay composed and rational when facing false accusations of domestic violence. Any attempt to retaliate, contact the accuser indiscriminately, or destroy evidence can worsen the situation.
• Get legal representation - The first step to clearing your name is to seek assistance from a criminal defense lawyer. A skilled lawyer will develop a strategic plan to defend you against the accusations, advocate for your interests, and protect your rights.
• Gather evidence – Collecting evidence that disproves the allegations can be crucial to exonerating yourself from the charges. This can involve finding witnesses, obtaining security footage, and collecting other tangible evidence supporting your defense.
• Comply with restraining orders – If a restraining order has been issued, do not violate the order, even if you believe the accusations to be untrue. Any breach of the restraining order can be used against you in court and can have detrimental consequences on your legal standing.
• Maintain communication with your attorney – Through regular communication with your attorney, you will be able to stay updated on your legal case and any developments in the allegations against you. With your lawyer’s help, keep accurate documentation of the charges at hand.
• Attend all court appointments – Attending all scheduled court proceedings is essential in fighting a false accusation of domestic violence. Failing to attend and defend yourself in court will only worsen your situation.

Contact a Stamford, CT Criminal Defense Attorney

Facing false accusations of domestic violence can be emotionally overwhelming. However, with the right legal strategies, it is possible to counter these false accusations and successfully clear your name. Contact an experienced Fairfield County criminal defense lawyer with Law Offices of Daniel P. Weiner for more information. Call 203-348-5846 for a free consultation.

There are many different situations in which a person may face domestic violence charges. For example, an argument between spouses or other family members may spiral out of control, and law enforcement may be called after receiving a report from a neighbor or someone else who was involved. While reports of domestic violence may be made for legitimate reasons, they can also be based on false accusations, such as when a parent is attempting to gain an advantage in a child custody dispute. Those who have been accused of committing domestic violence will need to understand the specific charges they may face and the potential consequences of a criminal conviction.

Connecticut Family Violence Charges

Under Connecticut’s laws, domestic violence is referred to as “family violence,” and it involves any incidents in which a family or household member suffers bodily injury or physical harm or faces the threat of violence. “Family or household members” may include spouses, former spouses, parents and children, other family members who are related by blood or marriage, people who are in a dating relationship or who have formerly dated each other, unmarried couples who are cohabitating or who have lived together in the past, and people who share a child, regardless of whether they are currently living together or have ever lived together.

Following reports of family violence, police officers may investigate the situation, and depending on their determinations, a person may be arrested and charged with a crime. Potential criminal charges in family violence cases may include:

Being blamed for something you did not do can be infuriating, especially if the act you are accused of involves violence against a family or household member. If you have been accused of domestic violence, you may be unsure of how to handle the situation. Should you confront the abuser and try to defend yourself, or stay silent? Should you comply with a restraining order that was founded on lies, or fight it? If you have been accused of stalking, harassment, assault, or another crime related to domestic abuse, you could be facing significant criminal penalties. Contact an experienced criminal defense lawyer for help as soon as possible.

Never Confront the Person Who Accused You

When someone says something about you that is not true, it is only natural to want to set the record straight. However, if you have been accused of domestic violence, confronting the accuser may make your situation much worse. He or she may use even a nonviolent confrontation as an excuse to make further allegations of violence or threats. Do not call, text, visit, or otherwise communicate with the person who has accused you. Instead, reach out to a defense attorney with experience handling false claims of domestic violence to receive personalized guidance.

Comply With Any Restraining Orders or Protective Orders

A criminal order of protection is a court order that is issued against someone who has been arrested for family violence. Civil restraining orders, on the other hand, may be issued even if the subject has not been arrested or charged with a crime. In Connecticut, an individual can request a civil restraining order via an “ex parte” hearing. This is a hearing in which the petitioner, or person requesting protection, explains his or her reasons for requesting the restraining order, but the subject of the order is not present to defend himself or herself. Protection orders and restraining orders may prohibit you from communicating with the alleged victim or coming within a certain distance of him or her. They may also order you to move out of your own home, stay away from your children, or surrender your firearms.

Domestic violence is a serious crime with serious consequences, and those who engage in it often find themselves with ruined reputations and derailed lives. However, it is not impossible for those who are innocent to be faced with the same consequences, even though they are not guilty. Mistakes happen in investigations, or in rare cases, a malicious spouse may try to smear the other - no matter what the cause if you have been charged with domestic violence in Connecticut, you need an attorney who will act fast to get at the truth.

Not a Separate Crime

Connecticut does not classify ‘domestic violence’ as a separate crime; instead, ‘domestic’ or ‘family’ violence is charged as whatever specific crime occurred (such as battery or sexual assault), just against a family member - there are differences in the prosecution of such a case, but the end sentence if convicted is generally similar. In addition, the definition of ‘family member’ in Connecticut is very wide, covering not only blood family but also spouses, former spouses, co-parents, roommates, and many other classifications.

Domestic violence-related crimes are handled by the Family Relations Division of the Superior Court of Connecticut, and are often dealt with very quickly because in many cases, time is of the essence - a violent spouse or ex-spouse may have the intent to harm the other, and bringing the case before a judge as quickly as possible means that a protective order or a restraining order can be issued just as quickly.

Domestic violence is a crime that justifiably carries quite a lot of social stigma, in addition to the potentially serious criminal penalties. However, it is very easy for a disagreement to spiral out of control, or for a word or gesture to be misunderstood. If you have been charged with domestic violence, it is critical that your side of the story be told. Enlisting an experienced Connecticut domestic violence attorney can ensure your rights are protected.

Connecticut Definition Is Expansive

Historically domestic violence or family violence was a charge confined to violence between spouses or involving a parent and child. However, Connecticut law explicitly includes multiple categories of relationships as falling under this law, including spouses and former spouses, “persons related by blood or marriage,” roommates, co-parents (whether or not they live together or have been married), and people in dating relationships. The intent is simply to protect as many people as possible.

The law does specifically exclude acts by parents intended to discipline minor children unless those acts constitute abuse. Also, verbal abuse does not count as domestic violence unless there is “present danger” and the “likelihood” that physical violence will occur. This can be a very difficult thing to interpret, and because domestic violence is such a serious crime, very often peace officers may err on the side of caution and arrest a person to hedge their bets, so to speak, or because they feel they have to arrest someone.