There is no question that domestic abuse is a real problem in today’s world. Therefore, if you have been charged with domestic violence, it can seem impossible to prove that you are innocent. Our domestic violence lawyer in San Jose understands that a false accusation of domestic violence may feel like an uphill battle without an end to get a fair trial. However, it is important to defend yourself. Even false accusations can negatively impact your life and limit your opportunities.
When you have been wrongly accused of domestic violence, there are several things that you can do to help your lawyer prepare for trial. Below, we discuss three steps you should take to prepare.
Discuss Your Situation With Your Domestic Violence Lawyer
The first step is to be open and honest with your domestic violence attorney. Be open about anything you may have said or done over the years that could be misconstrued and used against you.
Knowing what the other party could use against you is half of the battle. Spend some time doing the following:
- Going through old letters
- Looking through social media
- Replaying conversations in your head
If you said something, even jokingly or in passing, it can be construed as threatening. Make sure that your lawyer is aware of it.
Do Not Contact Your Accuser
If you are dealing with a false accusation of domestic violence, cut off all contact with the accuser. Avoid apologizing in a private or public setting. Our domestic violence lawyer in San Jose understands the difficulty and pain of no contact. However, your accuser can use anything you say against you or as an admission of guilt.
In the same vein, keep a detailed record of the following:
- Your phone log
- Text messages
- Online chat messages or emails
- Any written communication
Be Aware of the Differences
It is also important to understand the subtle differences between domestic abuse and normal angry human behavior. For example, the relationship between you and the accuser matters. Unless the accuser is a family member, spouse, or partner, it is not domestic violence. It may also not be domestic violence:
- To throw or break things during an argument
- Use profanity during an especially heated argument
- Yell at a spouse
- Say or do something emotionally hurtful to your partner
Speak with our San Jose domestic violence attorney about what happened. Attorney Nick Cvietkovich can help you understand the accusations or charges against you and your best legal options.
Contact Our Domestic Violence Lawyer in San Jose
A false accusation of domestic violence can be one of the most devastating events in a person’s life. It can be difficult to clear one’s name of rumors and persistent perceptions of guilt. We recommend that you speak with a legal professional immediately.