A recent survey revealed that at least 8 percent (20.4 million adults) of Americans are falsely reported for domestic violence. It might sound shocking, but false accusations are pretty prevalent. Relationships can be pretty tricky and can turn quite ugly at times. Disagreements happen, tempers boil, and one thing leads to the other. Once the allegations start flying and accusations reach the legal end, it can shock the recipient.
From tarnished reputation to overwhelming mental and emotional stress and possible incarceration, the accused’s life seems to take a 360-degree turn while seemingly stacking everything against his/ her odds. The legal maze can seem more challenging as it feels that the burden of proof is all on the accused’s shoulders.
Our expert domestic violence lawyer in Ohio shares the motivation behind the accusation and tips to address the situation effectively.
UNDERSTAND DOMESTIC VIOLENCE
In general, domestic violence is an umbrella term that includes all sorts of violence, including physical, sexual, psychological, and emotional abuse.
As per section 2919.25 under Ohio state law, one can be charged with domestic violence for allegedly harming or threatening harm to a family member or household member. Intentionally causing or attempting harm to a family or household member is also included under the law.
Anyone fitting in this description can be accused of the act of domestic violence. Domestic violence includes everything from assault to stalking, beating, imprisonment, and beyond.
STEPS TO OVERCOME FALSE ACCUSATIONS
Your first step should be to hire a domestic violence lawyer in Ohio. The case in proving innocence in such cases can be tricky as the battle for the accused is to prove his/ her innocence. People tend to already make their judgment as guilty for the accused party in such cases.
Once a lawyer comes into the picture, the accused needs to perform damage control with the help of the expert. An experienced lawyer can look for loops and holes through a weak case to help you form a strong one. While developing the case, one can expect the following questions:
- Is there any 911 recording that supports the accusation?
- Were there any statements by the defendant?
- Are there any pictures involved?
- Is there an eyewitness to the case?
- Was the accused under any medication that could have triggered his/ her action?
- Is this the first time, or has this happened before?
False accusations often occur in child custody, divorce, and out of spite. Since these charges are demeaning and damaging to one’s reputation and status, having a character witness is advantageous.
Also, maintaining the peace and decorum of the court order is of primal importance. Engaging in acts of violence and emotional outbursts works in opposition to the accused. It’s important to understand that even if the charges are false, ample evidence can convict a person of nearly any crime. Therefore, having a solid relationship built on integrity and transparency is vital in these events.
If you’re looking for a criminal attorney, reach out to us today. Call or text 614-307-4343.