Have you administered discipline for your child after they misbehaved or disagreed with a family member and found yourself being accused of domestic violence?
Facing these allegations in Florida brings severe legal and social consequences. Even without a conviction, an accusation or arrest can tarnish your reputation, strain relationships, and affect your employment.
Below, the domestic violence attorneys at Moses & Rooth Attorneys at Law will explore the ramifications of domestic violence allegations and the three steps to take to defend yourself and protect your rights.
What Are the Legal and Social Consequences of a False Domestic Violence Accusation?
False allegations of domestic violence can have severe and long-lasting consequences. In Florida, domestic violence is a serious crime, and an accusation can lead to:
- Arrest and jail time. Even if the charges are later dropped, or you are found not guilty, the arrest itself can have significant repercussions. If you are convicted, you could find yourself serving a jail sentence.
- No-contact orders. These orders can restrict your ability to contact the accuser. If you live with the accuser, this could mean you cannot return home until the case is resolved or the no-contact order is lifted.
- Loss of employment. Employers may be reluctant to hire individuals with a domestic violence arrest record. This can apply even if you are acquitted, or the prosecutor drops the charges.
- Damage to reputation. False accusations can damage your reputation and relationships with friends and family.
Florida Statutes, Section 741.28 – 741.31 provides strict legal guidelines for handling domestic violence cases. A robust defense is critical to protect your future.
Why Do False Domestic Violence Accusations Happen?
False allegations of domestic violence can arise from various motivations.
- Custody battles. In contentious divorces or child custody disputes, one party may falsely accuse the other to gain a legal advantage.
- Revenge or manipulation. An angry spouse or partner might make false allegations for revenge or to damage your reputation, secure a restraining order, or manipulate a situation.
- Misunderstandings. Sometimes, the accuser could misinterpret or exaggerate a situation, leading to an unjust accusation.
- Immigration benefits. Non-citizens may falsely accuse a U.S. citizen partner of domestic violence to obtain a green card or other immigration benefits.
Whatever the motivation, defending against these allegations requires immediate action to protect your rights and clear your name.
Three Steps to Take If You Are Falsely Accused of Domestic Violence
Let’s look at essential steps to take if the police arrest you on domestic violence charges.
Step 1. Contact a Criminal Defense Attorney Immediately
Domestic violence charges in Florida are serious, and trying to handle them without legal guidance can lead to costly mistakes. An experienced defense attorney will guide you through the process and work to build a strong defense.
Step 2. Gather Evidence to Support Your Case
Once you have a lawyer, it’s time to work with them to gather evidence that weakens the prosecution’s case. This evidence can include:
- Text messages, emails, and voicemails. Communication between you and the accuser can cast doubt on the allegations.
- Witness testimony. Identify friends, neighbors, or others who may have witnessed interactions between you and the accuser. Their accounts could help establish the truth.
- Documentation. Keep records of any injuries, medical care, police reports, or prior allegations made by the accuser that may help expose inconsistencies or past false claims. If you can show that the accuser has lied in the past, this can greatly help your case.
Gathering exculpatory evidence early on can significantly affect your case. Under Florida Statute Section 90.803, certain records and statements may be admissible in court, giving you a chance to present your side of the story.
Step 3. Avoid Communicating with the Accuser
One of the biggest mistakes people make after being falsely accused of domestic violence is attempting to contact the accuser directly to resolve the situation.
Florida law strictly enforces protection or restraining orders. Even innocent communications that you think are harmless can and do lead to additional criminal charges. Allow your attorney to handle all communication to avoid further legal complications.
How Can You Defend Yourself Against False Allegations of Domestic Violence?
Your attorney will evaluate your case and use strategies such as any of the following.
- Proving a motive for false accusations. If your accuser has a clear motive to lie, it can help discredit their claim. For instance, if you have evidence showing that the accuser is seeking custody or revenge, this can cast significant doubt on the truthfulness of their story.
- Challenging the evidence. Your lawyer will point out inconsistencies in the accuser’s story or weaknesses in the prosecution’s case. Remember, it is the prosecutor’s burden to prove you are guilty beyond a reasonable doubt—so if you can cast enough doubt, you could get an acquittal or dismissal.
- Presenting your evidence. You, as the defendant, have no duty to prove your innocence or present any evidence. However, sometimes, a strong defense can include physical evidence, alibi witnesses, or witness testimony contradicting the allegations.
Florida law requires the prosecution to prove your guilt beyond a reasonable doubt. By highlighting flaws in the accuser’s case, your attorney can cast doubt on the State’s case.
How Can Moses & Rooth Attorneys at Law Help You?
At Moses & Rooth, we have over 20 years of experience representing individuals who have been falsely accused of domestic violence. We understand the profound consequences of these accusations and are committed to providing aggressive and effective representation. We know the tactics used by accusers and will aggressively fight to protect your rights.
Our team of experienced attorneys will work tirelessly to protect your rights and fight for a favorable outcome. We have a proven track record of success and are dedicated to helping our clients achieve the best possible results.
Don’t wait—protect your rights now! Book your free initial consultation today and start building your defense.
Resources:
- Domestic Violence Overview, Florida Courts (2020), link
- Overview of Available Protective Injunctions, Florida Courts (2024), link
- Florida’s Domestic Violence Benchbook, Florida Courts, 2023, link
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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