What To Do When You Have Been Falsely Accused of Domestic Violence in San Jose
Were you falsely accused of domestic violence in San Jose, California? Even if you’re unequivocally innocent, don’t take these allegations lightly. If you’re charged and convicted, you could face jail time, fines, child custody issues, and a restrictive restraining order.
The first thing you should do is retain legal counsel to protect your rights and reduce your chances of being convicted. A San Jose domestic violence attorney at Ahmed & Sukaram, Attorneys at Law will advocate for you and present a strong defense on your behalf you can contact us 24/7 at (408) 217-8818
Before we explain the steps to take after a false domestic violence accusation, we’ll explain how our experienced legal team can help.
How Can Our San Jose Criminal Defense Lawyers Help If You Were Falsely Accused of Domestic Violence?
Law enforcement officers, prosecutors, and judges take domestic violence allegations seriously. They often err on the side of caution and take the alleged victim’s word at face value. Unfortunately, this often results in wrongful convictions that can haunt the alleged abuser for years.
That’s why hiring experienced San Jose criminal defense lawyers is crucial. You need someone who is familiar with the criminal justice system on your side to defend your rights.
The legal team at Ahmed & Sukaram, Attorneys at Law can help you fight false domestic violence allegations by:
- Investigating the charges against you and evaluating weaknesses in the prosecution’s case (or helping you get ahead of charges if you’ve only been accused)
- Gathering evidence to prove your innocence
- Using our experience, skills, and knowledge to have your charges dropped or the case dismissed
- Negotiating on your behalf and representing your best interests throughout the legal process
- Advocating for you in court proceedings if it’s beneficial to your case
Retaining an attorney is the best way to protect yourself against false accusations in a domestic abuse case. We offer a free consultation to discuss your situation and provide honest legal advice, so call today to schedule an appointment with our attorneys in San Jose, CA.
Steps To Take If Someone Falsely Accuses You of Domestic Violence in San Jose, CA
As we’ve mentioned, your first step after a false domestic violence allegation is to consult an experienced criminal defense lawyer.
Even if the accuser has only hinted at accusing you, you should seek legal advice to get ahead of any potential criminal charges that may arise. The attorney may advise you to speak with a family lawyer for advice on removing yourself from a volatile relationship – especially if you share children in common.
The other actions you take will depend on the circumstances, as every case is unique and involves different parties. However, we provide some tips that may be helpful if you’re facing this unfortunate situation.
Do Not Communicate With the Accuser
Whether you’ve been accused, arrested, or charged with a domestic violence crime, do not communicate with the alleged victim in any way.
Communication could include:
- Seeing them in person
- Speaking with them on the phone
- Sending messages through a third party
- Engaging with them on social media
- Sending gifts or notes to their residence or workplace
- Any other form of direct or indirect communication
You may think that once things have calmed down, you can reach out to your accuser, discuss the issue, and move on. However, this often results in further accusations and problems. If you absolutely must convey a message, do so through an attorney to protect yourself.
Record What Happened Immediately After the Incident
If you’re facing false charges or allegations after a heated argument or another incident, write down or record what happened while it’s fresh in your memory. You need to be able to tell your attorney your version of events and relay important information that can help them prepare a defense tailored to your case.
Write down what was said and done, where it happened, the parties who witnessed the incident (if any), the time and date, and any other relevant facts that can help your case. If nothing happened and your accuser is fabricating their entire story, note where you were and who you were with during the alleged incident.
Gather and Preserve Evidence Supporting Your Innocence
Jotting down your version of events will help you and your attorney gather exculpatory evidence, including:
- Eyewitness statements
- Surveillance footage
- GPS data
- Cell phone records
- Statements from an alibi verifying your version of events
- Character witness statements
Other evidence may be available to prove your innocence, depending on your case. Our San Jose domestic violence attorneys are here to help clear your name and mitigate the consequences of false domestic violence accusations.
Do Not Violate the Terms of a Restraining Order
In some cases, an alleged victim may get an emergency protective order (EPO) or a domestic violence restraining order (DVRO). If this happens to you, carefully read the terms of the order and comply with every requirement or restriction.
A restraining order can impose strict terms, such as preventing you from seeing your children and forcing you to move out of your home.
Violating a restraining order is a crime that can carry harsh penalties, including jail time, fines, and more. If you’ve been falsely accused of domestic violence and served with a restraining order, seek legal help as soon as possible.
Schedule a Free Consultation With Our San Jose Domestic Violence Attorneys If You’ve Been Falsely Accused
Dealing with domestic violence charges or accusations is stressful and frightening – especially if you know they’re false. With your rights, freedom, and reputation on the line, it’s essential to get an experienced legal professional in your corner.
Our San Jose criminal defense lawyers will protect you and ensure you’re treated fairly. We’ll devise a custom legal strategy to prove that the accusations are untruthful.
Contact our law firm today for a free initial consultation to discuss the allegations you’re facing and how best to fight them.