Domestic violence is very serious; it affects families from every race, religion, and socioeconomic class. Each year, thousands of domestic violence cases are filed across the country, and while many are based on reality, there are a percentage of cases where the allegations are based on lies.
If you have been falsely accused of domestic violence, there's a good chance that you're in the middle of a divorce or a child custody battle. Even if you are innocent, it doesn't mean that you won't be convicted, or that your parental rights won't be affected – and not in a good way.
What are the legal consequences of a domestic violence?
Domestic violence claims can have harsh legal consequences for the accused, especially if they live in states such as Texas or Arizona that impose harsh penalties on defendants. Common consequences of a domestic violence conviction, include:
- Getting evicted (removed) from one's home.
- Hefty fines
- Incarceration
- Loss of child custody
- Court-ordered child support and/or alimony
- Loss of the right to bear arms
- Inability to get a security clearance
A domestic violence complaint is usually based on one or more of the following acts: assault, battery, terroristic threats, harassment, burglary, sexual assault, criminal restraint, false imprisonment, or criminal trespass.
Legal Defenses Available
There are two main defenses in domestic violence cases: 1) self-defense, and 2) de minimis infractions. It is very common for plaintiff's (the alleged victims) to sustain injuries because the defendant (the accused) was legitimately defending themselves against a violent assault.
Under the self-defense doctrine, the defendant may have been justified when they used physical force against the plaintiff. Meaning, the defendant believed it was necessary to use physical force in order to protect themselves from the plaintiff's violent behavior.
The second defense option is a de minimis infraction, which means that the conduct was minor and in effect, too trivial to amount to a violation of the law.
If you're being accused of domestic violence, reach out to a criminal defense attorney for help!
