California has some of the strongest legal protections in the country for survivors of domestic violence. The governor recently signed additional domestic violence protections into law to help survivors obtain financial assistance, have more time in which to report a crime, and receive other services with fewer obstacles. Although domestic violence is an unfortunate reality for many people, false domestic violence accusations are not unheard of. In today’s climate, the mere accusation of domestic abuse alone can wreak havoc on someone’s professional reputation and relationships with family and loved ones. Even though our criminal justice system hinges on the presumption of innocence until the defendant is proven guilty beyond a reasonable doubt, the reality is that allegations of domestic violence—however baseless or downright untrue—YOU’RE GUILTY, UNTIL PROVEN INNOCENT.
If you need help defending against false allegations of domestic violence in Palmdale, Lancaster, or the greater Los Angeles County area, contact the Law Offices of David M. Wallin right away to discuss your options with a certified criminal law specialist who has over 35 years of experience. Our team consists of TWO FORMER DEPUTY DISTRICT ATTORNEYS who are fully prepared to protect your legal rights and best interests. Call our office for a FREE CONSULTATION and to discuss our flexible PAYMENT PLANS. Let’s take a look at the legal implications of false domestic violence allegations, the steps to take if you are accused, and some of the potential defense strategies your highly experienced criminal defense attorney can use to maximize your chances of securing a fair and favorable outcome.
The Legal Implications of Domestic Violence Charges and Convictions in Los Angeles County
First, it’s helpful to understand how California typically prosecutes domestic violence-related offenses and the potential penalties a defendant may face if convicted of a domestic assault crime. Generally speaking, the two most common domestic violence crimes are classified as domestic battery (Penal Code 243(e)(1)) or inflicting corporal injury on an intimate partner (Penal Code 273.5). Depending on the specific factors of the case, the defendant may face misdemeanor or felony charges. A conviction for a domestic violence-related offense often carries serious consequences, including potential jail or prison time, costly fines, and other penalties (i.e., court-mandated participation in a batterer’s intervention program, restraining orders, loss of custody rights, etc.). In addition to these penalties, those convicted of domestic violence often face a social stigma and damage to their reputations. Even if the allegations themselves are false and the charges are dropped, the accused can still face substantial personal and professional hardships as a result of these baseless accusations.
Why People Make False Allegations of Domestic Violence
So, what would motivate someone to falsely accuse another person of domestic violence? Unfortunately, these false claims can be used as bad faith tactics for accusers to reach some goal they have, regardless of the consequences. For instance, particularly contentious divorce proceedings may involve false allegations of domestic abuse. A spouse may report false domestic violence claims against the other in order to secure a more favorable divorce settlement. Or, one parent may claim that the other parent is abusive so that the parent making the false accusations can take full custody of a child during a bitter child custody dispute. If someone is making false allegations of domestic violence against you, it’s essential that you contact a highly qualified Palmdale domestic violence lawyer who can step in to defend your legal rights and push back against these harmful accusations.
Steps to Take When Facing Domestic Violence Accusations
Understandably, learning that someone is making false claims about you can be extremely distressing and concerning. However, it’s important to remain as calm as possible so that you do not act rashly or recklessly. Unfortunately, responding to these allegations with anger or frustration can sometimes make the situation worse, as law enforcement and prosecutors can use your reactions to portray you as an aggressive person with an explosive temper. Instead of playing into their hands, it’s important to remain as calm and composed as possible while enlisting the help of a trusted criminal defense attorney who can advise you on the most strategic course of action. Together, you can gather evidence that reveals the false nature of the claims or uncovers the accuser’s motivations (i.e., text messages or emails threatening you to give into their demand for a custody agreement “or else”). Regardless of the specific circumstances of your case, you can trust that the dedicated legal team of highly qualified attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, is here to protect your freedom and your future.
Common False Abuse Claims Legal Defense Strategies
Those facing false allegations of domestic violence in Palmdale or Lancaster have legal options for defending against these charges. With your knowledge and skilled criminal defense lawyer by your side, you can explore the strategies that may be available to help you secure a fair outcome. Depending on the unique circumstances of your case, you may be able to leverage evidence to prove your innocence or gather testimony from character witnesses to show that these allegations are outlandish, hurtful, and downright false. Since many domestic violence cases come down to the accuser’s word against the defendant, it’s essential to find ways of challenging inconsistencies in the accuser’s story and providing motives as to why they would accuse you of domestic abuse. If you’re asking the question, “Is there a good domestic violence attorney near me?” then look no further than the Law Offices of David M. Wallin. We’re ready to leverage our thirty-plus years of experience to secure you a fair and just outcome. Reach out to us today to arrange your FREE CONSULTATION.
If you are facing domestic violence charges in Palmdale, Lancaster, or the greater area of Los Angeles County, you need reliable and trusted legal defense services right away. At the Law Offices of David M. Wallin, our team of four exceptional attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) is prepared to fight for you. With over 35 years of experience, certified criminal law specialist David M. Wallin and his dedicated legal team is ready to protect your legal rights and advocate on your behalf. Please call our office today at (661) 267-1313 to arrange a FREE CONSULTATION with us. PAYMENT PLANS ARE OFFERED, so contact us today!