Can your former spouse or partner falsely accuse you of domestic violence? Yes. You didn’t think would ever come to this, but now it has. Clearly they believe, or someone advised them, that domestic violence charges may be beneficial to their custody case…and they’re right.
The police are on their way:
- if you have any marks on you, take a picture,
- if your clothes were ripped in a struggle, take them with you,
- if anything was broken or there’s a hole in the sheet rock, take a picture.
Now leave and don’t come back tonight. Don’t put yourself at risk again. Your attorney will have to get use of your home back for you.
If tomorrow you find out criminal charges were made or your spouse or partner has applied for a Protective Order, don’t go back. Don’t violate any restraining orders. Hire an attorney. When your attorney tells you that you are allowed to remove your belongings, do it but take someone with you. When your attorney tells you that you are allowed to get your kids, take someone with you to the exchange. Know how to work the camera, video and recorder on your phone every time you interact with your ex and have it running. If false charges were made once, they will be made again.
Even if an apology is forthcoming, read the writing on the wall. The relationship is now over. This person has put you at risk of:
- Losing your job,
- Missing time spent with your children or losing custody of your children from a previous relationship or marriage,
- Being discharged from the military,
- Losing your hunting license,
- Losing custody or visitation,
Now hire an attorney. If you remember ever telling someone about a past incident of domestic violence directed at you, give your attorney that witnesses name and contact info. If there have been any witnesses to any past domestic violence directed at you, give your attorney that witnesses name and contact info. If you have photos of any past damage or injury inflicted on you, give your attorney that evidence. A validated past incident of domestic violence may be indicative of the perpetrator of the present domestic violence.
Most likely you will have parallel proceedings going on for domestic violence and the criminal charge. As with any criminal charge, do NOT give a statement to the police, unless your attorney advises you to. Do NOT discuss it with your ex on the phone, they can be legally taping you.
The lawyers at Ellen Cronin Badeaux, LLC, have 27 years of experience defending people accused of domestic violence. You need an attorney experienced defending those accused of domestic violence and facing a proceeding for a protection from domestic abuse. Let us help you and call for a consultation 985-892-1955.