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Domestic Violence and False Allegations: What Everyone Needs to Know

Have you been accused of domestic violence? Were you falsely accused? Is your life crumbling before your eyes on the lies of someone else?

If so, you’re not alone.

While there’s no arguing that domestic violence crimes are serious and should be handled appropriately, there are countless individuals who have their lives ruined each year due to false accusations.

According to Stop Abusive and Violent Environments (SAVE), more than 10 percent (and rising) of individuals who are charged with domestic violence are falsely accused. Additionally, COVID-19’s closures and the protests for justice have caused many relationships to turn sour, which has led to a vast increase in the number of domestic violence reports being made.

We want to take a closer look at what domestic violence is, why false allegations are made, and what you can do to protect your future if you’ve been falsely accused.

Texas Domestic Violence

Domestic violence is an umbrella term to explain a number of different abusive acts, including:

  • Sexual assault
  • Harassment
  • Stalking Making threats
  • Battery

However, for these to be considered domestic violence, there must be an established relationship between the victim and the accused.

Meaning that you can be charged with domestic violence in Texas if your actions were against:

  • Your significant other
  • Your children
  • Your child’s other parent
  • Your family members
  • Your friends

Why Would False Allegations Be Made Against Me?

Because domestic violence cases are handled with such passion, those accused are assumed to be “guilty until proven innocent”, not the other way around, which is why false accusations can be so detrimental to one’s life.

False allegations of domestic violence often stem from rocky relationships, especially those that involve divorce or child custody issues.

Divorce/Child Custody

When a marriage is coming to an end, both parties can expect to strap in and hold on. It’s no easy task to go through a divorce, and it’s even more challenging when children are involved. Many times, false claims of domestic abuse are made in order for one party to receive an edge over the other.

The judge’s job is to look out for the best interest of the children in child custody cases. If you’re charged with domestic violence, even if the charges are false, by your significant other while going through a child custody battle, you’d better believe that the judge will think twice about letting you spend time with your children.

It’s also important to note that if the judge believes you are an immediate threat to your family or significant other, they could put an order of protection in place, which would prevent you from legally coming into contact with them.

Infidelity

Another common reason why false allegations are made is infidelity. When someone is unfaithful in a relationship, feelings get hurt, trust is broken, and one party is left upset, which often leads to a burning desire for them to “get back” at their ex. Thus, resulting in false allegations of abuse being made.

A Stain on Your Sleeve

The law works in mysterious ways, and unfortunately, there are far too many individuals who have been wrongly convicted for domestic violence crimes they didn’t commit. Additionally, those convicted could face consequences such as:

  • Jail time
  • Excessive fines
  • Probation
  • Child custody troubles
  • A permanent stain on their criminal record
  • The loss of professional licenses & certifications

We’re Here to Fight for Your Future

While it can feel like all hope is lost following being arrested on false domestic violence charges, there are things that can be done to help fight for your future. At The Law Office of Patrick J. McLain, our team of trusted Dallas domestic violence defense attorneys has been helping individuals fight their charges and return to their best lives possible for countless years.

A false allegation doesn’t have to become a real problem. Call us today (214) 238-9392 to learn more about how we can help.

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