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Falsely Accused of Domestic Violence in WA – What Can Be Done in This Horrible Situation

On Behalf of | Jan 10, 2016 | Assault

Being accused of domestic violence assault or any crime designated as domestic violence in Washington is extremely scary. You are now worried about potential jail time, fines, other possible penalties like mandatory classes and treatment, and quite possibly a no contact order with all the life complications that those cause. This is bad enough. If you’ve been falsely accused it’s emotionally far worse. You’re understandably angry, bewildered and feel betrayed. You’re maybe crying out, “Why? What can I do?” It is recommended that you get the assistance of a criminal defense attorney. This way you can get your story heard, get counsel as to how to proceed, and get your rights defended.

There are many reasons why false accusations are made of domestic violence. Sometimes it’s done out of spite in a divorce proceeding or even with a goal in mind such as child custody. It could be that the actual perpetrator could be who called the police to avoid suspicion and charges on themselves. Police are people to and it’s easier to sympathize with whoever reached out to you first and Washington does require them to make an arrest when dealing with domestic violence. It could be a revenge ploy. It could simply be a mistake on the part of the police. These are just examples of some possible ways you can get accused falsely. You may know the reason or you may never find out. Just remember that you know the truth.

There are two main considerations for yourself that you’re going to want to keep in mind. You’re going to want to do what you can to make this experience no more stressful on you than it needs to be. You’re going to want to make your domestic violence defense attorney’s job as easy as possible. This will give some suggestions on how to do both.

Write down exactly what happened. As time goes on your memory can fade and this will give a refresher if you ever need to testify. Plus it gives you something to provide to your domestic violence attorney. He will then be more easily able to compare your story with that of the police report and the alleged victim’s report. He will be looking to see whose story is most consistent and how he can demonstrate that your story matches the facts.

Do not attempt to contact the accuser. You will most likely have been issued a no contact order by the court and to violate that is yet another criminal charge and it hurts your case. You’re innocent – you don’t need something to make the false charges look like they’re true. It will be tempting. It’s human nature to want to face our accusers especially when the accusations are lies. Remember that if it comes to it you will have your chance in court.

Request phone records that are relevant and make hard copies of any relevant emails or texts. These can be deleted over time. You will want your domestic violence defense attorney to have them as soon as possible.

Do not try to see your children in spite of the no contact order. If a no contact order is in place keeping you from your children and yet you have not been ordered to keep away from them you will want to talk to your domestic violence defense attorney about legal remedies to this situation. They do exist.

Do your best to make sure your accuser knows as little as possible about your current schedule, whereabouts and company.  If she or he made one false accusation than what is to prevent another?  The accuser not having enough information to make up another plausible law is your best defense. If they do risk a new allegation and it turns out you can prove you were so where else or have witnesses that can be greatly helpful. After all, if you can show they are lying about the new charge then why should people believe them about the original charge?

For any allegation, gather any possible witnesses from your family or friends who can substantiate your version of the current story or use past events to bolster the truth of your current. Another thing you will want to do is surround yourself with these people. They know the truth and will form a support community and it has been shown that this can truly help those going through the false accusation experience.

These charges are serious. You know that and you’re especially frustrated as you know that they are false. Don’t give up. Get yourself a Seattle Tacoma domestic violence defense attorney. Please call Smith & White, PLLC – the first consult is free.