What Should I Do if I Am Accused of Domestic Violence During a Crisis?

 Posted on May 28, 2020 in Family Violence

The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

• Too close for comfort—Being stuck at home together has the potential to cause you and your significant other to get on each other’s nerves. This could lead to major verbal skirmishes, but not necessarily to physical abuse or assault. When allegations of abuse are reported with no outside authorities or witnesses readily available to attest to or verify such allegations, descriptions of verbal arguments could be exaggerated, making it seem like you did something illegal when a situation was really a minor domestic spat. If you already have a criminal record, people may be more likely to believe that you committed domestic abuse.

• Self-medicating—With the possible stressors of job loss and financial struggles—and, in some cases, with extra time on your hands—it can be easy to increase drug and alcohol use to the point of abuse. While this type of substance abuse may make some people more likely to commit domestic violence, the truth is, an accuser might partake in such activities as well. Drug or alcohol abuse on the part of an accuser could invalidate his or her claims involving domestic violence. For instance, if your spouse was drunk or high at the time that he or she claims to have been abused by you, then his or her statements may be seen as unreliable, and this can create reasonable doubt about the alleged violence or abuse.

• Irrational behavior—In these strange and scary times we are living in, it can be easy for anxiety to overcome us all. In particular, if you are stuck at home with your spouse or partner more often than usual, “gaslighting” can occur. This refers to psychological manipulation that makes someone question his or her own sanity. Some people may become irrational based on fear and anxiety, and this could result in false claims or exaggerations, including accusations of domestic violence that might not have actually happened.

Contact a Collin County Criminal Defense Lawyer

The increased frequency of domestic violence accusations during a global crisis does not necessarily mean that an alleged abuser did something wrong. Any number of problems resulting from these challenging times could have contributed to falsified or otherwise unprovable claims. If you are accused of domestic violence or abuse, contact an experienced Frisco domestic abuse attorney to tell your side of the story. The knowledgeable legal team at the Law Offices of Biederman & Burleson P.L.L.C. will build an effective defense for you. Call us today at 469-333-3333 to schedule your free consultation.

Sources:
https://www.houstonchronicle.com/news/houston-texas/houston/article/domestic-violence-harris-coronavirus-stay-at-home-15172180.php
https://www.theatlantic.com/family/archive/2020/05/challenge-helping-abuse-victims-during-quarantine/611272/
https://www.nbcnews.com/health/health-care/it-s-hard-flee-your-domestic-abuser-during-coronavirus-lockdown-n1205641