couple fighting

Domestic Violence: A False Allegation Doesn’t Have to Become a Real Problem

With the quarantine forcing individuals to spend time indoors together, many rocky relationships are being pushed to their breaking points. With increased time indoors often comes an increase in negative emotions, high tempers, and arguments.

When arguments get heated, they often end with one party feeling lost for words. It’s extremely common for those feelings to turn into anger, which often leads to an individual making false domestic violence allegations against their significant other.

We live in a time where domestic violence allegations are common, and because of the nature of the cases, the victim is the one who is listened to. There are laws in place to protect the victim, and unfortunately, those laws are easily abused.

Meaning that if you’ve been accused, you will have an extremely hard time convincing the world that your innocent, even if you’ve been falsely accused.

Why are False Allegations Made?

At Hager & Schwartz, our team has been handling Florida domestic violence cases for countless years. Over the years of dealing with many different domestic violence cases, we have seen the same few reasons behind the false allegations made against our clients. They include:

  • Gaining the upper hand in child custody cases - When it comes to prosecuting domestic violence cases, the judge’s job is to ensure the safety of the victims. It’s extremely common for individuals who are going through messy child custody cases to use domestic violence as a tool to gain the upper hand. The judge will very rarely allow an individual who harmed their spouse or children to have visitation rights.
  • Getting back at their ex - When break-ups get messy, one party is typically more upset than the other. When this happens, it often leads to the other spouse filing false domestic violence charges. This is common following a relationship that ended from cheating or infidelity.

What Is Domestic Violence?

Domestic violence, in Florida, can be explained as any abusive act that is committed against someone with whom you have a relationship with. Some of the most common examples include:

  • Battery
  • Harassment
  • Sexual assault
  • Destruction of property

A Life of Strife

Even though you’re innocent, you will have to prove your innocence. The phrase “Innocent until proven guilty” unfortunately, doesn’t apply to the majority of domestic violence cases. In order to have the best shot at fighting your false charges, you need to gather evidence to support your story.

Painting a Picture for Dismissal

The judge’s job is to take the information they are given and make a decision based on the story it tells. Evidence in domestic violence cases can come in numerous forms and the better of a story it can tell, the better for your chances of freedom.

Some of the evidence that we believe to be the most important in Florida domestic violence cases include:

  • Eye-witnesses
  • Texts
  • Emails
  • Social media posts, videos, and images
  • Audio recordings or phone recordings

It’s also important to note that specific evidence holds much more value in court than memory does. For example, if you have video proof that supports your statements and the alleged victim is going based on memory, the judge will be much more willing to take your side.

Work With an Experienced Team to Protect Your Future

While it can feel overwhelming to have false charges stacked against you, we want to reassure you that all hope is not lost. There are steps that you can take to protect yourself from living with the consequences of false charges.

At Hager & Schwartz, our team of trusted Broward domestic violence defense attorneys has been helping individuals who have been wrongly charged with domestic violence for countless years. We know exactly what to look for in order to put together the strongest possible case to defend your future.

Give us a call today (954) 840-8713 to learn more about how our team can help over the phone.