Being accused of a crime you didn’t commit is frightening and frustrating. Unfortunately, false domestic abuse allegations are more common than you might think. Every year in the United States, the courts issue 1.5 million restraining orders that are later found to be bogus.
While domestic violence is a heinous act, falsely accusing someone is also heinous and abusive. These charges can potentially affect your reputation, career, and most importantly, your relationship with your children. If you have been falsely accused of domestic violence, take specific actions to protect yourself. Here is what you need to know.
Hire an Experienced Attorney
Domestic violence charges are a serious matter. In the state of Virginia, a domestic abuse charge is usually a Class 1 misdemeanor. If found guilty, the punishment can be as much as one year in jail and/or a fine up to $2,500.
However, if the district attorney decides the alleged crime qualifies for a graver charge or the accused has previous convictions, they may modify the charges. Additionally, an outstanding restraining order or domestic abuse conviction can affect your legal right to own a firearm.
Judges also consider domestic abuse convictions when deciding custody. This is not the time to erroneously make the presumption that since you are innocent, the legal system will see it the same way. This is your life. You need skilled legal representation.
Start Gathering Evidence
Collect any evidence you can that will help exonerate you or prove your innocence. Save emails, text messages, and photographs that support your claims. Get phone records from your phone carrier. Get copies of police reports. Write down names, times, and places.
Your attorney will need to see any proof you can find. If you have difficulty collecting this information, they can help you. The goal is to compile as much supporting evidence as you can, and you need to do this right away while things are fresh in your mind.
Stay Away From the Alleged Victim
When someone is charged with domestic violence, they are often issued a restraining order, or a preliminary protective order. A protective order is a legal order issued by the court that prohibits one person from harming another. This protective order generally prevents the accused from contacting the alleged victim.
In Virginia, a judge may issue an emergency protective order, which will prohibit contact for up to three days, though they can be extended. This is often filed by the police. A preliminary protective order is filed by the alleged victim and last up to 15 days, with a possible six-month extension. A permanent protective order can last for two years and may be extended.
In relationships with children, a restraining order can make visitation with children impossible. Your attorney will work to have the restraining order reversed so you can resume your parenting rights and responsibilities. Until then, however, you must follow the terms of the restraining order and have no contact with the alleged victim.
Follow the Rules
Do exactly what the law instructs you to do. Failure to do so will only make it more difficult to prove your innocence. Show up to court or mediation appointments when you are supposed to. Don’t commit any crimes, even speeding. Follow the letter of the law without fail. You do not want to harm your case with further unlawful behavior.
Thomas, Adams & Associates understands divorces, custody disputes, and domestic violence allegations are rife with emotion and often volatile. If you find yourself in this unfortunate position, contact us today to schedule a free consultation. We’ll help you navigate this difficult situation.
Being accused of a crime you didn’t commit is frightening and frustrating. Unfortunately, false domestic abuse allegations are more common than you might think. Every year in the United States, the courts issue 1.5 million restraining orders that are later found to be bogus.
While domestic violence is a heinous act, falsely accusing someone is also heinous and abusive. These charges can potentially affect your reputation, career, and most importantly, your relationship with your children. If you have been falsely accused of domestic violence, take specific actions to protect yourself. Here is what you need to know.
Hire an Experienced Attorney
Domestic violence charges are a serious matter. In the state of Virginia, a domestic abuse charge is usually a Class 1 misdemeanor. If found guilty, the punishment can be as much as one year in jail and/or a fine up to $2,500.
However, if the district attorney decides the alleged crime qualifies for a graver charge or the accused has previous convictions, they may modify the charges. Additionally, an outstanding restraining order or domestic abuse conviction can affect your legal right to own a firearm.
Judges also consider domestic abuse convictions when deciding custody. This is not the time to erroneously make the presumption that since you are innocent, the legal system will see it the same way. This is your life. You need skilled legal representation.
Start Gathering Evidence
Collect any evidence you can that will help exonerate you or prove your innocence. Save emails, text messages, and photographs that support your claims. Get phone records from your phone carrier. Get copies of police reports. Write down names, times, and places.
Your attorney will need to see any proof you can find. If you have difficulty collecting this information, they can help you. The goal is to compile as much supporting evidence as you can, and you need to do this right away while things are fresh in your mind.
Stay Away From the Alleged Victim
When someone is charged with domestic violence, they are often issued a restraining order, or a preliminary protective order. A protective order is a legal order issued by the court that prohibits one person from harming another. This protective order generally prevents the accused from contacting the alleged victim.
In Virginia, a judge may issue an emergency protective order, which will prohibit contact for up to three days, though they can be extended. This is often filed by the police. A preliminary protective order is filed by the alleged victim and last up to 15 days, with a possible six-month extension. A permanent protective order can last for two years and may be extended.
In relationships with children, a restraining order can make visitation with children impossible. Your attorney will work to have the restraining order reversed so you can resume your parenting rights and responsibilities. Until then, however, you must follow the terms of the restraining order and have no contact with the alleged victim.
Follow the Rules
Do exactly what the law instructs you to do. Failure to do so will only make it more difficult to prove your innocence. Show up to court or mediation appointments when you are supposed to. Don’t commit any crimes, even speeding. Follow the letter of the law without fail. You do not want to harm your case with further unlawful behavior.
Thomas, Adams & Associates understands divorces, custody disputes, and domestic violence allegations are rife with emotion and often volatile. If you find yourself in this unfortunate position, contact us today to schedule a free consultation. We’ll help you navigate this difficult situation.