Facing False Domestic Violence Charges

A false domestic violence accusation can be life altering. Even if the charges against you have no merit, they must be handled carefully. Criminal charges can result in imprisonment, fines, community service and other penalties. There is also the embarrassment the accused will likely face within the community. With proper care, an attorney should be able to help you get false charges dismissed.

Gathering Evidence

The prosecution must present evidence to establish guilt in a criminal case. It is up to the accused to gather evidence to defend his or her case. An attorney can help you to assess the types of evidence that are likely to lead to acquittal or dismissal of your case.

Sometimes domestic cases involve only testimony of the parties involved. It can be difficult to prove a case when only two people know all of the facts and those parties do not tell the same story. If this is your situation, it will be up to your attorney to cast doubt on the false testimony that is being proffered against you. There are a number of reasons why parties make false accusations. Intimate relationships often involve complicated emotions. An experienced attorney may be able to draw out the cause behind the false accusations to secure an acquittal in your case.

Presenting Your Case

If you have been falsely accused, your attorney should prepare your case as zealously as if trial is an expectation. Even if you are able to prove that insufficient evidence has been presented by the prosecution to allow the case to proceed, your attorney's job is to prepare for trial so that if the case does go forward you will be ready.

In a criminal trial, the parties follow a procedural pattern in presenting evidence. If your case goes to trial, you can expect the following steps to be involved:

• Opening statements
• Prosecution will present case
• Motions to dismiss may be brought by the defense
• Defense will present case
• Prosecution may rebut by offering evidence to disprove facts presented by the defense
• Closing arguments and jury instructions

Getting Legal Advice

False domestic violence charges are a serious problem. A defendant accused of a misdemeanor or felony due to a domestic relationship needs the help of an experienced criminal defense lawyer. A lawyer can help you by advising you of the law, helping you gather evidence and negotiating with the prosecution in your case.