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Domestic Violence | False Accusations
False Accusations

 

California is extremely strict with domestic violence offenders. This area of law consists of a variety of crimes and punishments, including heavy fines and jail time, in addition to probationary requirements such as counseling and/ or batterer’s classes. Domestic violence charges are based on incidents that occur between intimate partners. These partners include all persons (heterosexual and homosexual) who are married, divorced, dating, cohabitating, or who have children together.

The legal repercussions of an intimate partner abuse charge are quite severe, so it’s crucial to hire an aggressive, knowledgeable criminal defense attorney who understands California domestic violence laws. An experienced lawyer from the Kavinoky Law Firm can customize a strategic defense based on each individual case and will zealously advocate for all clients.

Sometimes a “victim” of domestic violence makes a false accusation to the authorities. Because of the delicate nature of domestic abuse and its increased occurrence across the nation, the police are quick to respond to the “victim’s” accusations. The alleged abuser is charged with a crime and left unable to appropriately respond. False reporting of a crime is a crime itself, carrying a sentence of up to four years in state prison. Also, there are other potential consequences stemming from civil causes of action that may be filed against the person who made the false accusations. Contacting an attorney is very important to ensure that the accused is given fair treatment and not punished for a crime that he or she did not commit.

Domestic violence typically involves a desire for control, and there are many reasons why people file false intimate partner abuse charges. The person may be seeking physical, emotional, or financial control over the partner. Some domestic violence statistics reveal that a significant number of claims were actually exaggerated or completely fabricated. The individuals made false or altered accusations to the police in order to manipulate or control their partners. Revenge or jealousy can also cause a person to file false charges. The person may be upset about a certain situation and feel that the only recourse is to report false stories to the police. A skilled defense attorney will investigate all of these defenses on behalf of the accused and ensure that the judge and/or jury receive all the details.

False accusations can lead to a domestic abuse conviction. The defendant’s reputation, career, family, and even freedom are at risk. It is crucial for a person in this position to secure a seasoned lawyer who can adequately defend against the charges. An experienced attorney from the Kavinoky Law Firm knows how to examine witnesses, analyze evidence, and highlight discrepancies in testimony to ensure that the judge and jury know that the defendant is truly the victim. Furthermore, the lawyer will work not only to exonerate the accused, but also to ensure that the person who made the false accusations incurs legal consequences. Contacting a trained attorney is the most important action one can take to fight a false allegation of domestic abuse.

 
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