5 Steps to Take After A Domestic Violence Accusation

domestic violence

Any kind of criminal accusation is stressful. If you have been falsely accused of domestic violence, it can be devastating. The stigma of being an abuser can cost you your reputation, your career and your family.

If you have been falsely accused of domestic violence in Oceanside, it is critical that you take action right away. You need an experienced and tenacious legal advisor on your side. At the Law Office of Joni Eisenstein, our attorney will work hard to help you disprove the allegations and help you regain your freedom.

What is Domestic Violence in California? 

Domestic violence is a charge that is often misunderstood. Many people are under the impression that it is violence between a spouse or significant other. Under California law, domestic violence is defined as:

“Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

In addition, the law provides guidance on the kinds of actions that are considered under the domestic violence law. It is important to note that you can be charged with domestic violence even if you have not committed a physical act against a victim. 

The law defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”

Some violent acts considered abuse under the domestic violence laws can include: 

  • Stalking
  • Harassing
  • Hitting
  • Kicking 
  • Shoving
  • Throwing objects 
  • Cyberbullying
  • Destruction of property
  • Psychological abuse
  • Sexual abuse

Why Would Someone Falsely Claim Domestic Violence?

While it may seem hard to believe that someone would go through the effort of falsely accusing another of domestic violence, it happens all the time in the state of California. False allegations can have a negative impact on a person's future as well as that of their family. Plus, false accusation claims take away from real claims.

There are two primary reasons why someone would falsely claim domestic violence against another. In relationship situations such as separations, divorce or child custody battles, one spouse may claim abuse to attempt to sway the court in their favor. In other cases, one person may accuse the other of domestic violence in order to get revenge for an ugly breakup or bad argument.

What Should You Do If Accused of Domestic Violence in Oceanside? 

If you have been accused of domestic violence, there are certain things you should and should not do. By following these steps, you can put yourself in the best possible position for fighting the charges.

Contact a domestic violence attorney

At your first possible opportunity, it is critical that you secure an experienced domestic violence attorney in Oceanside. Even if you have not been officially charged, a reputable attorney can guide you on how to handle the upcoming process.

Exercise your right to remain silent

If the police want to talk to you about the allegations, you are not required to answer their questions without the presence of your attorney. Police may attempt to trick you or mislead you into talking to them. However, do not fall for it. They may be able to use these statements against you in court. Avoid talking to police without your attorney present. 

Do not speak with your accuser

It can be tempting to want to talk to the accuser to settle the situation. Even though false accusations are unfair, avoid speaking with the accuser during this process. In most cases, it will make the situation worse.

Gather evidence

When you know that you are being falsely accused of domestic violence, begin collecting evidence in your favor. Find all communications such as text messages, emails and voicemails that could support your innocence. Contact your phone company and search social media for additional evidence in support of your case. Photographs, police reports and witness statements can also be beneficial during this stage. The evidence you gather will help your attorney as they prepare your defense.

Do not break the law

Even if you are innocent of the domestic violence charges, it is in your best interest to follow the law completely. If a restraining order has been issued against you, follow it. Attend all appointments with your attorney and with the court. It is important now more than ever to follow the letter of the law. Any improprieties during this time could help strengthen the case against you.

Hire an Experienced San Diego Domestic Violence Lawyer 

At the Law Office of Joni Eisenstein, we understand the negative impact that a false allegation can have, especially domestic violence. Relationships are tricky and we know that domestic violence charges are not always valid. If you require a skilled domestic violence attorney in Oceanside, contact Joni Eisenstein today for your free consultation.