After being arrested for domestic battery, certain steps can help protect your rights and can help prepare a defense if charges are later filed.

The first of these steps is, of course, contacting an attorney who can help represent you immediately.

In addition to contacting a lawyer, the following steps can be helpful:

• 1

  Take pictures of injuries sustained during the physical altercation. If a defense needs to be raised that you acted in self-defense, pictures of the wounds should be able to indicate that. The police may have taken pictures during the arrest, but bruises may develop or darken over time so take pictures of any injuries over the course of the next few days and give them to your defense attorney as soon as possible.

• 2

  Follow any protective or restraining order issued against you after the arrest. Normally, a restraining order will be issued after the arrest and altercation, which will prohibit contact with the alleged victim. Even if the you dispute fault, it is always advisable to continue to follow the restraining order. This advice is best even if the alleged victim attempts to contact you.

• 3

  In the meantime, if the you want to dispute the restraining order, it is best to have an attorney file a motion to modify the restraining order. Do not violate it. Go through legal channels to properly fight it.

Every case is different. If you’ve been accused of domestic violence, you should contact us right away. We may even deploy two or three defense strategies at the same time to get you the best outcome.

Here are four common strategies.

• 1

  Self-Defense

  Many defendants claim to have turned violent against their complainants as an act of self-defense.

  Your self-defense case may work if you are able to prove in court that the complainant posed a threat to your life and that you didn’t provoke the confrontation.

  Self-defense is the most common approach defendants use to argue their way to innocence.

• 2

  Wrong Suspect

  Did you surprisingly find yourself in police custody without a clue why only to later find out that someone accused you of domestic violence? It is possible to get confused for someone else.

  But if you have an alibi or you can present evidence showing that you were at a different place when the offense is said to have occurred then you can prove your innocence.

• 3

  False Allegations

  It could be that your accuser reported you for domestic violence knowing that you are innocent. Jealousy, control, revenge, or spite can all play a role in leading to someone making false allegations of abuse. If you can prove your accuser had motive to make false allegations against you it can help your case.

  Owing to the complexity of such a case, it is crucial that you seek the help of experienced domestic violence defense attorneys.

  They will cross-examine your accuser as well as witnesses in court to look for inconsistencies in their statement. If they reveal any inconsistencies in their arguments, they will use the discrepancies in your favor.

• 4

  Lack of Evidence

  If the prosecutor is unable to present adequate proof that you perpetrated domestic violence, then you can’t be penalized.

  We can get you acquitted by finding fault or lack of evidence in the plaintiff’s case.

False allegations of domestic violence are damaging to your reputation. There’s no point in sugarcoating it. Once you are a defendant in a domestic violence case, your life will change for the worse.

A false accusation may be a threat to your job security. It can ruin important relationships and is a common violation of rights.

Domestic violence and sexual harassment are serious crimes which attract harsh penalties. It’s overwhelming to be a suspect of domestic violence. Especially when you aren’t guilty. Many defendants are victims themselves.

The following actions are available if you find yourself at the center of false allegations of abuse.

Contact a Lawyer Immediately

Although your situation may be difficult, claims of false accusations happen all the time.

We have a ton of experience when it comes to false allegations. We will explain your case in simple terms and also offer advice.

We understand the law and how the criminal justice system works. Therefore, our insights will give you the best chance of winning your case.

Do Not Speak to Your Accuser

You may feel like talking to your accuser. Resist the temptation. Everything you say or do can be used as further evidence against you. In many cases an order of protection will have been issued and violating it by communicating with your accuser would severely hurt your case.

The accuser may try to trick you into saying or doing things that will reduce your chances of winning the case. They may even lie and say that you wanted to hurt them again. If you must talk to your accuser, make sure there are witnesses around.

Collect Evidence to Prove the False Allegations of Abuse

The majority of domestic abuse cases don’t have tangible evidence. A judge will oftentimes decide on the case on testimony alone. The outcome of the accusations of abuse may come down to your story versus your accuser’s.

False allegations mean that any evidence provided is (a) fictional or (b) manufactured. If possible, gather evidence to (a) disqualify false harmful evidence and (b) prove your innocence.

Helpful evidence for domestic violence defense includes:

1. Texts, emails, or letters where your accuser has threatened to make false accusations against you.
2. Reports from mental health professionals that speak to the state of mind of your accuser.
3. Family law court documents that would contradict your accusers story.
4. Any video surveillance footage that would prove your innocence.
5. Anything that would substantiate an alibi proving you were somewhere else at the time of the alleged abuse.

Sometimes, false allegations of abuse is a tactic a divorced partner uses to gain child custody or securing more property after divorce. It’s vital that your attorney emphasizes the motive for false allegations to the judge.

Recruit Witnesses to Support Your Side of the Story

Talk to your friends, family members, or colleagues about testifying on your behalf. A judge will believe you if other people can support what you are saying.

Find a witness who personally understands the relationship between you and your accuser. This will help the court understand the motive of the false allegations of abuse against you.