Domestic violence is a serious crime, and victims deserve justice for what they’ve endured. However, there are isolated incidents when spouses use false claims of abuse to manipulate custody, support, and divorce proceedings. Abuse victims deserve to be believed and supported, and false accusations make the fight for justice even more difficult for spouses who are telling the truth about their experiences.

Because of the long-standing struggle for actual victims to be heard and taken seriously, California often prioritizes the word of the allegedly abused spouse over the accused abuser. The state does not require that any physical signs of abuse exist for you to be charged with domestic violence. While this does make the process slightly easier for legitimate claims of domestic violence, it also makes false claims easier.

The Consequences of Being Falsely Accused

Public perception of domestic violence, especially when committed by a man against a woman or children, is strongly negative. The accused is rarely given the benefit of the doubt or the chance to argue innocence. Once you have been accused of domestic violence, it is a significant challenge to convince others that the claim is false.

Depending on the circumstances of your case, you may experience some or all of the following consequences after being falsely accused of domestic violence:

  • Job loss

  • Jail sentence

  • Criminal record

  • Loss of custody or visitation

  • Stress and emotional trauma

  • Embarrassment and damage to reputation

There may be early signs of potential wrongful accusations by your spouse. Anyone who would falsely accuse someone of a crime, especially a violent crime, has likely shown vindictive or unstable behavior previously. Aggressive communication, unreasonable demands for attention, emotional breakdowns, or lashing out when unhappy could all be behaviors exhibited by spouses willing to falsely accuse you of domestic violence.

You may find that even your close friends and family members pull away from you after the accusations, so confiding in them early on is a good idea. If you suspect that your spouse may do something to sabotage you, talk to your loved ones about the behavior and your concerns. This will help them create a clear picture of the situation before your spouse does anything extreme.

It also helps to gather evidence of your spouse’s erratic, volatile, manipulative, or abusive behavior. Sufficient evidence may help to prove the accusations are false and clear your name.

Handling Yourself After Being Wrongly Accused of Domestic Violence

Knowing what you should do or how you should act after your spouse’s accusations can be confusing. You may feel nervous about your behavior or think everything you do seems wrong. Hiring an attorney is a good idea at this point because they will be able to answer any questions you may have about what you should or should not do. Plus, a domestic violence attorney can build a solid defensive strategy to prove you are not an abusive spouse.

If there is a restraining order against you, be careful to comply with the terms of the order. Violations could lead to legal consequences and complications for your domestic violence case. Do not let your spouse trick you or convince you to meet with them or violate the order in any way. Any messages your accuser sends you can be used as evidence that they are not actually afraid of you, which can be helpful to your case.

Some universal tips that are helpful in any case involving false accusations are:

  • Stay calm

  • Follow your attorney’s advice

  • Focus on your defense

  • Remember, you are not in the wrong

When everyone around you is against you, it can be challenging to remember that you are not the bad guy. Remind yourself whenever necessary that the accusations are false and you are not a bad person just because someone told a lie about you.

What are the Outcomes for the False Accuser?

There are rarely any consequences for a person who makes false accusations of domestic violence. It is unlikely that your spouse will have any charges filed against them. This may be disheartening, but the idea behind this is that actual victims of abuse may fear coming forward more than they already do if losing their case could lead to prosecution for them.

Keep in mind that an accusation is not an automatic guilty verdict. The prosecutor must still prove beyond a reasonable doubt that you assaulted your spouse. With help from an experienced attorney, fabricated allegations can be resolved.

When to Hire an Attorney for False Domestic Violence Claims

Falsely accused spouses should hire an attorney sooner rather than later. You don’t want to waste valuable time that could be spent building your case, collecting evidence, or having the case dismissed altogether. At the Law Offices of Sheny Gutierrez, we have extensive experience with all types of criminal defense cases, including false accusations of domestic violence. Contact us today to schedule a free consultation to discuss your case.