How To Handle False Domestic Violence Accusations In Washington
False allegations are a controversial topic for many reasons. People have made false allegations for many years, and these allegations are often related to domestic violence. These allegations are problematic not only for victims of real domestic violence but also for the falsely accused.
Facing a false accusation of domestic violence is not easy. That’s why we recommend determining at an early stage what to do to ensure a positive result. It’s important that a person charged with domestic violence be proactive in the defense than with any other type of criminal charge.
We have created this brief guide with a list of things to consider when facing a DV offense, especially if it’s false. We also wrote below the main consequences when giving false allegations of domestic violence.
This article is not a substitute for a meeting with a Bellingham criminal defense lawyer, but it can be helpful for your first steps on the case.
What Is A False Allegation?
False allegations are when an individual is accused, charged, and sometimes convicted for a crime that they didn’t commit. These false accusations can happen for many reasons, and they often stem from sexual misconduct or domestic violence.
These accusations critically affect lives and reputations, which is why they are so delicate.
What To Do When Facing A Domestic Violence Charge
These are the first steps you should consider when facing a domestic violence charge, especially if it’s a false allegation:
Meet With a Bellingham Criminal Defense Lawyer
The first thing you should do is to meet with a lawyer who is well-experienced in domestic violence defense. Find a lawyer who gives you trust, someone who can offer a consultation to help devise the first defense strategy.
Remember to consider factors like experience with domestic violence defense, familiarity with the geographic area, and knowledge of other areas of law that may be useful to your case.
Draft A Report Of The Events
Domestic Violence is one of the most common “he said, she said” type of cases. Sometimes the only witness is the alleged victim, which can complicate things a little.
Keep in mind that the state, through the police, will help the alleged victim first. However, you can also do your report of the events. For that, we recommend you draft a detailed report of what happened and give it to your lawyer. Remember to answer basic questions like where were you? What time was it? Were children present? among others.
Explain Your Relationship To The Other Party
You have to write information about your relationship with the other party as well. This will help your Bellingham criminal defense attorney find possible defenses to your case. Plus, it will also assist you going forward in setting goals beyond the defense procedure.
Do Not Contact The Alleged Victim
This is a self-preservation recommendation. Even in cases of false accusations, courts often prohibit contact with individuals (including family members and alleged victims).
Therefore, you should avoid contacting the person who made the accusation, even if there’s a good reason for that. Remember that you will be penalized if you contact this person because you are the only one who was ordered not to have the contact.
Start The Treatment Evaluation Process
There are numerous types of treatment evaluation processes that could be useful in domestic violence cases. This is important to facilitate the case and make things easier for you.
For example, if the allegation mentions drugs or alcohol, a drug test may be required.
Anger management and domestic violence programs are usually ordered by the courts in these types of cases. Mostly because of a condition of the sentence, a requirement in a no-contact order, or for participation in a Stipulated Order of Continuance program.
Be sure to mention these options with a Bellingham criminal defense lawyer at your first consultation.
Consequences Of False Allegations
Domestic Violence is a serious topic, which is why false allegations related to this topic are treated seriously as well. False allegations can damage a person’s life forever, so they shouldn’t be taken so lightly.
If your family court judge finds out that an allegation is false, the party can be held in contempt or face charges.
The judge can also punish the party by not granting motions. This includes false allegations related to false child abuse.
False allegations are a Gross Misdemeanor, so the legal consequences to the person doing the false allegations is 364 days jail and a $5,000 fine.
Contact a Bellingham Criminal Defense Lawyers
If you need help with a well-experienced lawyer in Bellingham, contact Bellingham Criminal Defense Lawyers. We specialize in criminal defense, DUI cases & personal injury. Contact us by email or phone to get a no-obligation case evaluation.