There is no question that domestic abuse is a real problem in today’s world. Therefore, if you have been slapped with a domestic violence charge, it can seem impossible to prove your innocence. With high-profile cases making headlines every day—and popular opinion often decidedly on the side of the accuser—it may feel like an uphill battle without an end to get a fair trial. It is important, however, to stand your ground and to be sure that false charges against you do not completely destroy 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. The first is to be open and honest about anything you may have said or done over the years that could be misconstrued and used against you. Knowing what will be brought out against you is half the battle. Spend some time going through old letters, social media, and replaying conversations in your head. If you had said something, even jokingly or in passing, that could be construed as threatening, make sure that your lawyer is aware of it.
Another important thing to do if you have been wrongly accused of domestic violence is, as painful and difficult as it may be, to refrain from all contact with the accuser. Anything you say could be twisted as an admission of guilt. Especially avoid apologizing publically for anything. In the same vein, keep a detailed record of your phone log, text messages, and any written communication. Some high-profile cases have been thrown out once accusations of such behavior are found to be false.
It is also important to understand the subtle differences between domestic abuse and normal angry human behavior. For example, unless you it is done at or toward a family member, it is not domestic violence to throw or break things during an argument, or to use profanity during an especially heated argument, or to yell at a spouse. It is not domestic violence to say or do something emotionally hurtful to your partner.
Regardless of whether the case is thrown out or not, however, being accused 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 that, even though the case was thrown out, he is guilty. This is all the more reason that if you have been falsely accused of domestic violence, it is imperative to speak with a legal professional immediately. Contact an experienced San Jose criminal defense attorney today.