What to Do When Falsely Accused of Domestic Violence
Millions of people are abused by their partner or spouse all over the world. As such, domestic violence is considered a grave charge. It could have damaging repercussions on a defendant’s civil rights and future criminal record.
Unfortunately, many men and women are falsely accused of domestic violence each year. This disingenuity could be done out of malice, anger, jealousy, or revenge.
In addition to being hurtful, fake domestic violence cases undermine the plight of genuine victims.
If you have been wrongfully accused of domestic violence, it is imperative that you contact a New Jersey Criminal Defense Lawyer right away.
What is Domestic Violence in New Jersey?
Domestic violence is not necessarily physical action against a spouse, boyfriend, or girlfriend. In fact, the alleged participants need not be currently involved in a romantic relationship for one of them to be found guilty of the offense. If the alleged participants had a previous relationship, that could be a qualifying relationship for a domestic violence case. Physical action is also not the only cause of domestic violence.
In New Jersey, domestic violence can be referred to by several names, including spousal abuse or domestic abuse. According to state laws, both men and women, spouses, parents, and other relations can be perpetrators of the crime.
The New Jersey Code of Criminal Justice defines domestic violence as “the occurrence of certain acts inflicted upon a person protected under the Domestic Violence Act by an adult or an emancipated minor.”
These acts include:
· Mental or psychological abuse
· Sexual abuse
· Destruction of personal property
The act also prohibits acts that may not immediately present as domestic violence such as burglary, kidnapping, and homicide. A judge can determine the magnitude of domestic violence charges in the court of law.
What are the Repercussions of False Domestic Violence Charges?
People are falsely accused of domestic violence for many reasons. The alleged victim could wish to gain custody of children or marital assets following a divorce, for example, and accuse you so they can gain the upper hand. They could also accuse you due to stress, ill-feelings, or jealousy.
Apart from soiling your reputation, being falsely accused of domestic violence can have severe legal consequences that could lead to:
- Hefty fines and legal fees
- Loss of child custody
- Revocation of visitation rights
- Loss of your home
- Increased child support payments
- Loss of your job
- Legal penalties and a criminal record
- Restriction of civil liberties
- Potential jail time
False domestic violence cases, however unfair, can be damaging. Even if your accuser later recants their story, the case prosecutor could decide to go forward with the charges. If the allegations are pursued, you will require professional legal representation from a New Jersey Criminal Defense Lawyer.
We Can Help You
Being falsely accused of domestic violence could have a significantly negative impact on your life. The Law Office of Matthew V. Portella, LLC is experienced in protecting the rights of victims of false charges in the court of law. Our team is dedicated to offering professional insight and guidance to all our clients.
If you are facing a false domestic violence charge or a restraining order, don’t hesitate to call our office. With over 25 years of experience, Attorney Matthew Portella can get you the best possible results.
Call us today at (856) 310-9800to schedule an initial consultation or contact us online to discuss your case. We look forward to hearing from you.