Falsely Accused of Domestic Violence? That May Not Matter.
Relationships aren’t perfect, and sometimes couples can get into heated arguments that end up in blood, sweat, and tears. Although these matters are messy and should not be taken lightly, many people mistake ugly arguments for domestic violence.
In 2019, there were 161,123 domestic violence-related calls reported in California. This alarming number raises questions as to whether or not these calls are all legitimate or not. False domestic violence accusations are more common than you might think, but even more shocking is that prosecutors may continue to seek punishment even if the victim admits they lied.
In other words, once a domestic violence accusation is made, there may be no going back.
Reasons Behind Prosecuting False Accusations
Even if a person blatantly admits to fabricating their domestic violence incident, prosecutors may continue investigating anyways. There are a couple of reasons for this.
- First, if a “victim” admits to lying and prosecutors simply believe them without investigating the situation, real domestic violence victims may not feel comfortable reporting their incident out of fear that the law won’t be on their side. Victims may even admit to lying to protect their abuser, which brings us to our second point.
- Many victims defend their abusers. Thus, if they “take back” their allegations, it’s difficult to determine whether they did that to cover for their abuser or because it’s the truth.
It’s important to remember that many prosecutors don’t punish people who falsely report domestic violence because they don’t want to discourage real victims from coming forward. By penalizing false domestic violence reports, real victims may worry that no one will believe them, and they will be prosecuted despite the legitimacy of their claims.
Handling a False Domestic Violence Charge
Many states prioritize the victim, not the defendant. So, when a false domestic violence accusation is made against you, it’s important to protect yourself at all costs. Even if your alleged victim admits to lying about the whole thing, prosecutors have their own agenda: To put you behind bars.
Thus, you shouldn’t be surprised if you are under investigation and charged with domestic violence, even though you didn’t do it. What you should do is safeguard your rights as soon as a domestic violence allegation is made against you. Luckily, our Santa Barbara domestic violence defense lawyers can do just that. As former prosecutors with 40+ years of combined experience, we have what it takes to resolve your case.