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Bay Area Criminal Defense Blog

What NOT to Do If You Are Falsely Accused of Domestic Violence

Posted by Lynn Gorelick | May 09, 2023 | 0 Comments

4If you are accused of domestic violence, you should talk to an experienced East Bay domestic violence defense attorney for advice. However, many people accused of domestic battery in California don't talk to a lawyer and instead take matters into their own hands to try and clear things up. 

You need to take allegations of abuse seriously because trying to fix things on your own can make matters worse. Here are some common things people do after being accused of domestic violence that may make it harder to clear their name. For legal advice about your case, contact East Bay criminal defense lawyer Lynn Gorelick today.

Why Would Someone Lie About Domestic Violence?

It can be difficult to understand why someone would falsely accuse you of domestic violence. Even the claim that you are an abuser can damage your reputation. If you are arrested for domestic violence in Oakland, you could be convicted even if the other person is lying. Many people falsely charged with domestic violence end up pleading guilty because they are worried they can face more serious penalties if they don't win their case. 

There are several reasons why someone would falsely claim domestic violence. This may be used as a way to punish the other person or get revenge. Some alleged victims may even be lying about domestic battery just for attention. Making false claims about domestic battery can also be used as a way to control someone. 

According to an article from the BBC, "Men are sometimes forced to stay in abusive relationships because their partner has threatened to make false allegations against them if they leave."

Don't Contact the Other Person

One of the most common mistakes people make after an arrest for domestic violence is trying to contact the other person. For false accusations, the person arrested may try and talk to the accuser to find out why they are lying. This can make things worse. In many domestic violence cases, the just will issue a no-contact order. 

A restraining order, protection order, or no-contact order generally means you have to stay away. You may also be restricted from calling, texting, or sending messages on social media to the other person. You may be restricted from contacting their family members, going to their home, or going to their workplace. 

Violating a restraining order can mean additional criminal charges, including the possibility of jail time, fines, and additional restrictions. 

Don't Make False Allegations Back

If someone is telling lies about you, you may want to get back at them, including making up lies about them. Don't engage in a back-and-forth about the other person. Don't take your fight online and accuse them of abusing you, abusing your kids, cheating, or other complaints. It may only escalate things, and you could be falsely accused of even more serious crimes. 

If you want to fight back, do it through the courts. Talk to your attorney about your case and they will be able to gather the information necessary to defend you in court. 

Oakland Domestic Violence Defense

It can be terrifying to be falsely accused of serious crimes like domestic battery in California. If you don't know what to do next, get advice from a professional. Domestic violence charges are serious and you could face jail time and a permanent criminal record. East Bay attorney Lynn Gorelick has more than 4 years of California criminal defense experience and understands the consequences of a domestic violence conviction. Contact East Bay criminal defense lawyer Lynn Gorelick today.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 38 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.

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