If you’ve been wrongfully accused of domestic violence or domestic abuse in Texas, take the following steps:
- Maintain your composure and avoid speaking with your accuser.
- Invoke your right to silence straight away and refuse to speak about the alleged crimes.
- Consider hiring a criminal defense lawyer to represent you and take care of your statements.
- Gather any evidence that can back up your allegations or disprove the prosecution’s accusations.
Hiring a skilled family violence defense attorney does not imply that you have something to hide or that you are guilty. However, because being accused of domestic violence or family violence in Texas is unfavorable, hiring a skilled attorney may assist you to avoid being convicted and losing other legal battles, such as divorce or child custody.
Why Would Someone Make False Domestic Violence Charges?
The following are some of the reasons why an accuser may make false domestic violence charges against their partner:
The accuser wants to create an initial advantage in a divorce
Divorces aren’t simple. If one partner is accused of domestic violence, things may get easier for another partner.
Things can get even worse if one partner tries to depict the other in an unfavorable light in order to gain an advantage in a court regarding child custody or the retention of important assets such as a home.
The accuser hopes to win a custody battle for their children
When parents are fighting for child custody, one partner may use the unpleasant technique of claiming domestic violence against the other. Regardless matter whether there is evidence, a judge may impose a protective order to keep the accused and his family apart until the police investigate the allegations. In a custody trial, this order could sway a family court judge.
The accuser behaves in ways that are motivated by jealously, resentment, or other undesirable emotions
If two people break up on bad terms, one of them may react by fabricating false claims in order to avoid rejection or a separation. While a defendant may be able to counter these allegations in court, they must still go through the criminal procedure of having the charges withdrawn or dismissed.
The accuser may be mentally ill or not of sound mind
Because of their mental disorder, the accuser may think, act, or speak reasonably in some situations. For example, while under the influence of drugs or alcohol, or during a psychotic episode, they may make false assertions out of confusion.
Read more from domestic violence research in this report from NIJ.
Unfortunately, Accusers don’t need to produce evidence to obtain a Protective Order.
Unsubstantiated claims can nevertheless prompt law enforcement to issue a protection order, as previously stated. When family violence has happened or is likely to occur in the future, Texas Family Code 85.001 requires courts to issue protective orders.
Texas Family Code 85.001 favors accusers, who can argue that their spouse has acted recklessly or violently, and that they are capable of committing domestic violence at any time. Even though law enforcement officials may examine these charges for correctness, a court is required to issue a protective order to protect the family, in the event the accusations are true. While only a protective measure, meanwhile, the accused’s reputation, criminal record, and even employment may be harmed by this order.
If you believe you may be accused of domestic violence, even as a tactical measure, you must move immediately to protect yourself!
What Should You Do If You’re Accused of Domestic Violence When It’s Not True?
If you’re facing domestic abuse charges, avoid doing any of the following:
- Speak with your accuser or their counsel in order to persuade them to withdraw the allegations. This approach could be misconstrued as coercion or a violation of any existing protection or restraining orders.
- Make comments to law enforcement officers about what allegedly transpired, as any statements you make can be used against you in court.
- On social media, post everything related to your case. During the course of your lawsuit, the court may evaluate these posts as evidence against you.
You can talk to your domestic violence lawyer about your case if you want to. It is their responsibility to represent you and present your case in order to establish your innocence. They can also conduct communication on your behalf and defend you against any additional allegations.
How Can a Lawyer Assist You in Putting Together a Domestic Violence Defense?
Throughout the criminal justice system, criminal defense lawyers act as legal advocates for their clients. They also advocate for their clients’ rights and defend them in court, ensuring that they have a fair trial. One approach to ensure that your side of the story is heard is to hire a lawyer to handle your case.
These are some of the services 214 Release: Hindieh Law offers you:
- Investigate your claim and gather proof to back up your claims
- Attend pre-trial and trial proceedings
- When possible, try to reach an agreement on a plea bargain.
- Request dismissal of unfounded charges
Many criminal defense law firms provide prospective clients with complimentary initial consultations. Contact 214 Release to get a free consultation. It may help you avoid unnecessary and unpleasant incarceration.
Contact 214 Release: Hindieh Law, PLLC Right away
If you believe you may be facing domestic violence charges, call 214-Release (214.960.1458) to reach Hindieh Law, PLLC, and claim your free initial consultation with our experienced Dallas family violence defense attorney.
If you have been wrongly accused of domestic violence in Texas, hiring a criminal defense attorney from 214 Release: Hindieh Law is your best bet to avoid facing serious consequences if you’re convicted. Our experienced attorney is available 24/7 and has experience in resolving these conflicts quickly, expertly, and satisfactorily to avoid unnecessary disputes.
Learn more about how we can help you build your defense by contacting us today. We can prove your innocence so that you can move on with your life without unnecessary delay.