Domestic assault can be a sensitive topic for many different reasons. On the one hand, when domestic assault allegations are true, it means that one family or household member has suffered an assault at the hands of someone else in the family or household. On the other hand, when false allegations of domestic assault are made, it means that someone is lying about being the victim of domestic assault for strategic legal gains.
Preventing, Preempting and Dealing With False Allegations of Assault
Sometimes the writing is on the wall, and you know that there is a chance that you will be falsely accused of domestic assault. Maybe a family member or significant other has threatened you with false allegations in the past, or maybe this person has a history of using false allegations and lies to get their way. Whatever the case may be, if you are in a situation where you believe or suspect that you may become the victim of false domestic assault allegations, there are things that you can do to help protect yourself and help build a case against your accuser.
- Make sure you have witnesses to back up your story. When you find yourself in a hectic, stressful situation with someone who has a propensity for lying to get what he or she wants, having witnesses who can vouch for your behavior, and can testify about the other person’s conduct, can help you prove that the allegations against you are false. While it is hard to predict when conflicts and instances of lying will arise, if you know that you are going into a situation that could produce threats of false allegations, have a witness there with you.
- If you can avoid conflicts, do it. If you are charged with domestic assault, a good defense strategy is that your accuser is lying about the assault. However, this defense is only going to stand up in court if there is little to no evidence that you are a violent person, or are highly confrontational. Engaging your accuser in conflict, fights and hostilities can be used as evidence against you, and further supports the allegations of assault, even if they are false.
- If false domestic assault allegations have been made against you, get an attorney, and help your attorney build your defense. If false domestic assault allegations have been made against you, contact an experienced criminal defense attorney immediately. Explain your situation to your attorney, and explain how the allegations are false. Also try to help your attorney identify inconsistencies in your accuser’s story. No one knows your accuser quite like you do, and your personal knowledge about your accuser will be useful to your lawyer when building your defense. If you accuser is lying about the domestic assault, then there is a good chance that he or she will lie in other ways too. Pointing out instances where the accuser has lied in court or in documents supplied to the court can go a long way towards discrediting your accuser’s claim.
- Show the court that your accuser has a reason to make up these allegations. If you can demonstrate your accuser’s motivation to fabricate the allegations he or she is making against you, you add strength to your position of innocence. There can be many forms of motivation. Perhaps you are divorcing your accuser, and he or she is trying to manipulate the courts into giving him or her more child support, spousal support or sole child custody. The best evidence you could have is physical evidence to this effect, expressing how lying is his or her plan for getting what he or she wants.
Contact a Massachusetts Criminal Defense Attorney