How To Respond To Domestic Abuse Allegations

An accusation of domestic abuse can have a permanent negative impact on your life. Being convicted of this offense can mean jail time, a fine of up to $10,000 and additional fees, such as a $100 domestic violence fee to the state of Wisconsin.

Do not assume that an accusation of domestic violence will result in a conviction of domestic violence. Many people, particularly men, believe that courts automatically rule in favor of individuals who make claims of domestic violence. This is not true. If you are accused of committing an act of domestic abuse, work with an experienced criminal defense lawyer to defend your case. Below are a few strategies that can work against an accusation of domestic abuse.

Self-Defense Against A Partner

In many cases, legitimate acts of violence made in self-defense are claimed to be acts of domestic abuse. If you can prove that you acted in self-defense because you felt your safety was at risk, you may be able to prove the accusation to be false. Similarly, you may be able to successfully prove that you acted to defend a child or another vulnerable household member when you acted against your partner. You will need to demonstrate that you reasonably felt that your own safety or the safety of another party was in danger and that you did not provoke the other party into acting against you.

Consent To The Acts Of Alleged Abuse

Many people enjoy consensual violence and bondage in their bedrooms. Sometimes, a conflict can provoke an individual to claim that his or her bruises, scratches or other marks from consensual activities are actually from domestic violence at the hands of their partner. Transcripts of conversations showing consent can be used to demonstrate that the victim agreed to certain acts.

False Imprisonment In Domestic Violence Cases

False imprisonment charges often accompany domestic violence allegations when one party claims they were prevented from leaving during an altercation. This can include actions like blocking doorways, taking away car keys or physically restraining someone. Even momentarily preventing someone from leaving a room during an argument could lead to false imprisonment charges. However, these allegations can be challenged by examining factors such as:

• Whether the alleged victim had reasonable means of exit
• If any physical restraint actually occurred
• Whether the accused was simply present in the same space rather than actively preventing departure
• If the alleged victim stayed voluntarily despite claiming imprisonment

Many cases of alleged false imprisonment stem from heated arguments where one party’s perception of being “trapped” does not align with legal standards of imprisonment.

Societal And Professional Consequences Of Domestic Violence Allegations

Domestic violence allegations can extend far beyond the legal consequences of jail time or fines – they can severely impact your personal and professional life, regardless of whether you are convicted. Professional consequences can be severe and immediate, even before any conviction. For instance:

• Employment termination or suspension, especially in positions of public trust
• Professional license suspensions for health care workers, teachers or financial professionals
• Difficulty securing future employment due to background checks
• Damaged reputation in your industry or community

Within the extent of social dynamics, domestic allegations’ implications can be equally devastating, including:

• Strained relationships with family members and friends
• Restricted access to your children through temporary restraining orders
• Housing difficulties due to background checks
• Loss of firearm rights, even before conviction
• Damaged standing in community organizations or religious institutions

These widespread consequences emphasize the importance of mounting an aggressive defense with an experienced attorney who understands the legal and personal stakes involved. Moreover, the general stigma attached to domestic violence allegations can persist long after legal proceedings conclude, making immediate legal representation a paramount factor in keeping your future protected. An experienced lawyer can help protect your rights and mitigate the harm to your career, reputation and personal life while your case is pending.

A Lack Of Evidence Or The Wrong Suspect

Another defense to consider using if you are facing an accusation of domestic violence is to make use of the lack of evidence connecting you to the offense. This can either be a lack of evidence showing that you were the party that caused the victim to suffer harm or a lack of evidence that he or she suffered harm at all. This defense strategy generally does not require you to divulge personal information about your relationship in the way that the other two defense strategies could. This is often the ideal defense strategy in cases involving blatantly false accusations, rather than cases of legitimate acts being taken out of context.

Work With An Experienced Lawyer

If you have been accused of abusing your partner, child or another member of your household, start working on your case’s defense with an experienced criminal defense lawyer who can provide you with skilled domestic abuse defense. To begin building your defense, contact our lawyers online or call 920-202-8872 to set up an initial consultation.