What Should I Do if I Have Been Falsely Accused of Domestic Violence?

 Posted on April 22, 2021 in Family Violence

There is no doubt that domestic violence and abuse are very real problems in Texas. However, not all accusations of domestic violence or domestic assault are true. Sometimes a family member, former romantic partner, or household member makes up an accusation of violence or abuse. An ex-spouse may claim family violence or child abuse in an effort to gain an advantage in a child custody dispute. An angry girlfriend or boyfriend may claim that you hit him or her to seek revenge for infidelity. The possibilities are endless. If you have been falsely accused of hurting a current or former family or household member, contact a criminal defense lawyer right away.

Do Not Seek Retaliation or Confront the Person Who Accused You

If you have been accused of something that you did not do, you may understandably feel angry and offended. However, it is important not to confront your accuser. This only gives him or her the opportunity to make further claims against you. It is possible that you are subject to an order of protection or “restraining order.” This is a court order that may prohibit you from contacting or coming within a certain distance of another person. A Temporary Ex Parte Order may be obtained in Texas without a hearing. This means that you may even be subject to a protective order without knowing it. Confronting your accuser will likely aggravate the situation and may even lead to criminal charges for violating a protective order.

Gather Evidence That Can Be Used in Your Defense

Domestic assault is a Class A misdemeanor punishable by up to a year in jail and a maximum fine of $4,000. It is a felony offense punished even more harshly if you have been convicted of domestic assault previously. Therefore, it is important to start building your defense right away. One of the best ways that you can help your lawyer build a solid defense against domestic violence charges is to gather evidence. Save text messages, emails, and voicemails that can help tell your side of the story. Write down your version of any altercation soon after it happens so that you have a record of what happened.

Contact a Frisco Domestic Assault Defense Lawyer

At the Law Offices of Biederman & Burleson P.L.L.C., we know that not all accusations of domestic assault or family violence are based on the truth. If you have been accused of assault or abuse against a family or household member, our Collin County criminal defense lawyers can help you defend yourself against the charges. Call us today at 469-333-3333 to set up a confidential, cost-free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.83.htm