Domestic violence is a serious issue. Whether it’s verbal abuse, battery, or assault, domestic violence is a crime that affects all types of families from different walks of life.
Domestic abuse victims must be protected, no questions asked. However, false domestic violence accusations are also prevalent for a number of reasons.
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For instance, in divorce cases, we often hear many allegations of violence. In a romantic relationship or when two people are dating, accusations of abuse are often heard when the relationship ends.
Thus, victims of false accusations must be protected just as much. Lawyers experienced in handling domestic violence are capable of defending your rights if you have been falsely accused.
What You Need to Do
Being served with a TRO or temporary restraining order when you know you haven’t done anything wrong can be scary, devastating, and unnerving. The very first thing you have to do is look through your local list of domestic violence lawyers. You must get someone who has a deep understanding of domestic violence laws in your state.
Following a TRO is a full-court hearing – usually about a week to ten days later. This court hearing will be under the family court, which will then decide whether there’s a need for a final restraining order (FRO). The family court will also evaluate if you are charged with a domestic violence crime.
Domestic violence lawyers can defend you if you have been falsely accused. They can refute one or more aspects of the charge, especially if your accuser issues conflicting statements. Also, lawyers experienced in domestic violence cases can prove that you committed the act of self-defense.
To classify a case as domestic violence, the alleged victim must have any of the following relationships with the alleged abuser:
Disproving the Charge
Domestic violence lawyers carefully examine and scrutinize the elements of the charge. They know what the judge looks for in a domestic violence case. Remember that some of the most critical aspects of domestic violence charge are not scrutinized before you get served with a TRO.
- A former or current spouse or other members of the household who is of legal age or an emancipated minor.
- An individual who have had or is about to have a child with the alleged abuser.
- An individual who have been in or currently in a romantic relationship with the alleged abuser.
If the alleged victim doesn’t fall in any of the above classifications, then domestic violence lawyers are not needed to handle the case. Thus, the case is not going to be considered a domestic violence act.
In Texas, there are laws imposed with strict penalties for those charged with family and domestic violence. As the accused, even if you win against a conviction, you may still suffer irreversible damage to your reputation.
What Are the Penalties?
If you are accused of domestic or family violence, you may face community supervision, jail time, or massive financial penalties. If you are in the middle of a custody battle, you may lose visitation rights and child custody.
Domestic violence lawyers agree that the repercussions for the wrongly accused are potentially damaging. Not to mention, baseless accusations of domestic and family violence weakens the credibility of real victims of this type of act.
Clearing Your Name
Lawyers experienced in handling domestic violence cases can help clear your name and put your best defense and evidence before the court. This ultimately helps get the best legal outcome for your family.
If you are dealing with a family court matter and you have been wrongly accused of domestic violence, you will need the expertise and experience of domestic violence lawyers.
Important Note About Domestic Violence
It’s unfortunate that baseless domestic accusations are prevalent. Whether it’s because of a resentful custody battle, bitter break-ups, or a contested divorce, if you find yourself wrongly accused, don’t lose hope.
Whatever the reasons or circumstances are for false domestic violence accusations, know your legal rights if you have been falsely accused. Rely on the expert help of domestic violence lawyers to defend your rights. They can examine and go through all the evidence to prove your innocence. They understand the impact of baseless accusations. You’ll need domestic violence lawyers by your side.