(ThyBlackMan.com) According to national statistics, nearly 20 people per minute are physically abused by an intimate partner in the United States. This runs to more than 10 million women and men. In fact, 1 in 3 women and 1 in 4 men have been victims of some form of violence by an intimate partner within their lifetime. Historically, fear has led to many people refusing to disclose these incidents, even when they can get legal help. However, the climate is changing, and it has become more accepted, drawing more people to stand up and call out their abusers.
However, some unscrupulous individuals are exploiting this climate to their own gains. By putting together a false domestic violence accusation, they attempt to derail the lives of the accused. As a result, we are going to cover both what you can do to put together a legitimate domestic violence claim, as well as how to defend yourself when falsely accused of domestic violence.
Putting Together A Domestic Violence Claim
Like many situations, different states have different laws about domestic abuse. However, there are a few general truths that you can keep in mind. Domestic violence encompasses to violent acts committed by a family or household member against another. This includes children as well as spouses, and can apply to any partners, married or simply dating. Many states will classify domestic abuse as a distinct crime. The reasoning for this is that many domestic abusers take advantage of the trust of their victims. As a result, prosecutors try to pursue harsher sentences than assault-type claims that would occur between two strangers.
If you are a victim, it is possible for you to sue your abuser for damages in civil court. These damages may include lost wages, medical expenses, and pain and suffering, depending on the nature and volume of the abuse. If you are looking to file a domestic violence claim with the police and pursue legal action, be aware that it can be a stressful and prolonged process as people try to put together evidence. If you need immediate support, consider going to court for a protective order or restraining order, which often prohibits the abuser from coming into contact with or even being in close proximity to you. Violation of this can result in being charged with a crime. There are domestic violence hotlines across the country to provide advice and help to those in need.
Defending Against A False Domestic Violence Claim
Domestic violence is one of the murkier crimes to prove or disprove due to the nature of the violence or abuse committed as well as the fact that it may be more difficult to gather evidence versus, say, two strangers having a fight. Sometimes, these may be the actions of an irrational mind. As a result, your best weapon is preparation. This begins with consulting with a skilled domestic violence attorney. Many attorneys offer this service for free, and you will know the legal options that apply to the state where you live.
In addition, if you notice irrational behavior, it may pay to secure your valuables and accounts if possible, to avoid them being used against you in a future legal case. Granted, there’s no way to predict this with certainty, but when a case is filed against you, you want to be able to spend your time focusing on it rather than dealing with side issues like recovering a license, money from shared bank accounts, etc. By the same token, you need to be aware that domestic violence carries a high conviction rate compared to other crimes. A false accusation, even if proven wrong, can still be costly, so prepare your finances accordingly.
When a case is filed against you, try to avoid doing anything that could be seen as an admission of guilt. This could include immediately agreeing to a plea deal out of fear that things could get worse. Seeking counseling or agreeing to enter a domestic violence offender program also fit the bill.
Domestic abuse, true and false, both have the potential to decimate someone’s life. While recovery is always possible, in both cases, the best thing you can do is have a skilled legal professional at your side. This will allow you to stay prepared for any situation that may arise. Please also keep in mind that when you are in danger and need to be protection, it’s always a good option to find an attorney to consult with. You can Google “lawyers near me” and find a legal professional that specializes in this area of law.
Staff Writer; Gary Ford
