If you have been falsely accused of committing domestic violence against your spouse, chances are you feel hurt, confused and angry. You may have been forced to leave your home, preventing you from spending time with your children. Unfortunately, now that you have been accused of this crime the burden is on you to prove your innocence. What are the proper steps to take to increase your chances of successfully fighting these erroneous charges?
Hire an Attorney
Domestic violence penalties are severe, so the first step you must take is to hire an aggressive and persistent attorney. Make sure you have someone in your corner to defend your rights and your innocence.
Comply with Court Orders
If your spouse has wrongfully accused you of abuse, he or she may have petitioned the court for an Order of Protection. It’s crucial that you abide by all the stipulations set forth in this order, as violations can result in serious consequences. Oftentimes, when an Order of Protection is installed under false pretenses, the protected party will try to provoke the alleged abuser into breaking the terms. Make sure you document any communication that your spouse attempts to initiate, as this can prove that they do not possess a legitimate fear of violence or harassment.
Enforce Parental Rights
After accusing you of domestic violence, your spouse may have prevented you from being with your children. Speak with your attorney concerning the options available to enforce your visitation rights. Even if you must submit to supervised visitation throughout the duration of the case, it’s important to stay in contact with your children and exhibit loving parental interactions.
Maintain Your Innocence
Stay strong during this difficult time, and persistently maintain your innocence. Unfortunately, many domestic violence cases involve a certain amount of character assassination. It can be difficult to hear hurtful and false statements made by your spouse. Stay cool and collected throughout the case proceedings, as court officials and the opposing counsel may view any emotional outburst as evidence of a violent temperament.