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Domestic Violence Crimes: Wrongful Arrest

March 21, 2024 Uncategorized

As many judges, prosecutors, and defense attorneys can testify, a wrongful arrest in a domestic violence case is too often used as a kind of weapon in a courtroom setting. Most attorneys have seen false accusations leveled against a client in some form or another; fortunately, many good attorneys understand what individuals going through a crisis involving a false accusation are experiencing and are there to help and provide counsel.

A Scourge on Society
However you look at it, false accusations are tragically misguided attempts to manipulate the criminal justice system. Sadly, everyone in society loses when an individual makes a false accusation against an innocent person in order to achieve an end that few people might actually understand.

Unscrupulous individuals have been known to use false domestic violence allegations to secure custody over their children, win divorce disputes, effectively evict a partner from a home, or simply settle scores. They may be so deluded that they believe that a partner or acquaintance “deserves” to be arrested even when the other person has done nothing wrong.

The Impact of False Allegations
Indeed, false accusations negatively affect the reputations of both innocent people who have had such an accusation leveled against them and genuine victims who may not be believed in the future due to unscrupulous actors within the criminal justice system.

Unfortunately, dealing with such accusations can be enormously stressful for a falsely-accused person. Individuals may feel guilt, shame, and self-doubt over something that they have not done. They may go over events again and again in their mind and even begin to doubt their own understanding of reality. (This process is called “gas-lighting” and is often used by false accusers to control the emotions of people around them.) Because there are often no witnesses to the supposed “crime,” moreover, accusations may end up simply descending into “he said, she said” arguments where accused individuals cannot provide proof of their innocence.

Overcoming False Accusations
Individuals who have been falsely accused of domestic violence may also be deeply affected socially and find even close friends questioning their honest version of events. They may be prevented from living in their own home or have difficulty maintaining a job.

Moreover, a person making a false accusation may be incredibly convincing with their story when discussing their case with police officers or prosecuting attorneys. Indeed, many defense lawyers have seen cases where a person making a false accusation will injure themselves in order to falsify evidence against another person.

When an Accuser is Emotionally Unstable
In cases where the person making the accusation has Borderline Personality Disorder or a similar condition they may lash out at others simply to mete out arbitrary punishment for perceived slights. Such a person will likely experience no remorse for ruining a person’s reputation and wasting the time of police and court officers.

It is imperative for these reasons for individuals who have been falsely accused of domestic violence seek out legal representation. Many attorneys are familiar with the tactics used by accusers to discredit partners or spouses and can significantly help clients with their cases.

What Attorneys Can Do to Help
Every false domestic violence case will be different, and attorneys will need to weigh each client’s options to find a strategy forward. Because every case has its own variables, in other words, there is no one systematic approach to dealing with false accusations and arrests.

One important step following any arrest over a false accusation of domestic violence is to gather all evidence for a defense as quickly as possible. The longer a person waits to gather materials that will exonerate them the more they will be at a disadvantage in court at a later date. In the legal world, time is always of the essence; this is particularly true when it comes to exonerating evidence.

For these reasons, fighting against a wrongful arrest in a domestic violence case can be an extremely stressful and difficult process. But the right attorney can help individuals who are innocent to seek justice. It may be a difficult journey, but finding the strength to move forward in such cases is extremely important. And a trusted legal advisor can help you do just that.

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