t is a notable moment in time for those who are victims of sexual harassment and other forms of abuse, too. The #MeToo movement isn’t happening in a vacuum. Women and men across the country are stepping forward in bravery to identify those who have abused their power and violated the rights of their victims.
Serious claims against supposedly guilty parties abound. Even the most famous of the accused tend to face consequences readily after a whisper of impropriety. As criminal defense attorneys—but also as a U.S. community—we cannot forget that allegations of domestic violence aren’t proof of guilt. Charges should be the beginning of an honestly subjective legal investigation into alleged actions.
False Domestic Violence Allegations Are a Family Matter
The clients we see in our Texas law office have a lot to lose when faced with allegations of abuse, including violence against their family. Most specifically, those who are in the midst of a family transition such as divorce literally have the future of the relationship with their children on the line.
Marital problems and divorce can unfortunately bring out the worst in people and result in life-changing claims. The reality is some parties accuse a spouse or partner of domestic violence out of desperation to win custody of their kids or other favor in the eyes of a court.
In these cases, it is not just criminal consequences that can hurt the accused, but the false claims are a threat to a parent’s connection to his or her kids. Studies also show that children benefit by having a consistent relationship with both of their parents. Proving instead of simply accepting claims of violence, therefore, is important to protect a parent’s interests, but also the well-being of children in our society.
Defense Against Family Violence Claim Is Possible
In a criminal domestic violence case, the burden is on the prosecution to prove beyond a reasonable doubt that you, in fact, committed the offense. Does the accuser of any documented evidence of the supposed abuse? Maybe there is evidence that your ex has lied before and/or has a pattern of lying and a reason to do so.
If the assault claim is based on actual violence you committed out of self-defense, there is no need to deny your actions. As long as your attorney knows the story and is there to support you with a self-defense argument, you can come out of the situation redeemed and even likely to gain preference as the suitable parent.
Allegations of any sort of abuse, whether against a celebrity (as we are seeing all too often) or an average Joe parent, must be scrutinized. In an ideal world no one would lie; no one would jeopardize a person’s freedom, career or family connections with lies about violence.
If that ideal word were real, criminal defense lawyers wouldn’t be so crucial. Divorce cases wouldn’t include the extra stress of having to defend yourself as a safe, loving parent. Contact us as soon as possible to try to take some power back and to prove you are more than the false allegations against you.