False Accusations in Virginia Domestic Violence Cases
False accusations are not uncommon in Virginia domestic violence situations. While no one ever truly knows what transpires between two people at the moment that things go wrong, it is startling how often, by the time cases go to court, that the accuser is backtracking or recanting what they have said.
While it is certainly true that there are reasons other than a false accusation, if that happens, there is definitely a slice of those which happen because of a false accusation. The context of a domestic situation where feelings are so strong, it seems to be part of human nature that a certain percentage of people will tell a lie in order to retaliate against someone close to them to be angry with.
If you believe you have been falsely accused in your domestic violence case in Virginia, contact an experienced domestic violence lawyer who can help explain your circumstances and obtain a positive outcome in your case.
Potential Consequences of Conviction
There are a number of short term and long term consequences that a person can suffer if they are convicted of a domestic violence charge. For one thing, any crime of violence carries the possibility of active incarceration in the state of Virginia. In addition to that, a person may be placed on probation, they might be ordered to complete anger management, and they might be told as part of everything to stay away from the victim, who may be their spouse. They may find that they have to stay away from their own home for a period of time.
In addition, a domestic violence conviction to deprive a person under federal law can affect their ability to possess a firearm and is negatively impactful if the person’s employer does background checks or the person is attempting to secure employment in the future and they do a background check, there is something that can be a negative and something that will either weave the person out or disqualify them from potential opportunities.
False Accusation Motivation
There are a number of reasons someone might make a false accusation of domestic violence in Virginia. Sometimes it is just in the heat of the moment where one partner is aggrieved or angry and simply wishes to retaliate. In other circumstances, an accusation of that kind may be tactical in the context of either a current or a future divorce or a custody and visitation case.
Certainly, whether a person has committed an act of family violence and whether they have a criminal record can be important factors that a judge will consider when adjudicating a divorce or a custody and visitation case.
There is probably no fail-safe way to protect a person from an untrue allegation. Nevertheless, if the person knows that they are in conflict with someone else, because the person has a divorce pending or there has been some sort of upset within the relationship or because the person is involved in some other civil case with them, it is important to not put the person in a position where that kind of accusation can be made.
For example, they should not be with them alone, they should not meet with them in a non-public place, they should make sure that any interactions that the person has with them are not of a kind where it is going to be the person’s word against theirs because, sometimes, the liar is believed.
The most important step a person can take to maintain their innocence from false accusations in Virginia domestic violence cases to hire a Virginia attorney early in the process. Innocence is something that is the result of a legal process. That is a process that begins with building a case by bringing the best evidence forward, the best arguments forward for the person.
It also involves challenging the evidence of the government and working for any ways in which the person’s rights may have been violated. The primary way a person maintains their innocence and their good name is by successfully defending the case whether that means convincing the prosecution to drop it or whether it means prevailing in trial.