Handling False Domestic Violence Accusations in Texas

 Posted on March 14,2024 in Criminal Defense

Domestic violence accusations are serious matters that should never be taken lightly. However, in some unfortunate cases, false allegations do occur, often from a vengeful ex-partner seeking leverage in a divorce or child custody dispute.

If you find yourself wrongly accused of domestic violence, it is crucial to take legal action to protect your rights and reputation. A Texas lawyer will guide you through the steps to handle false domestic violence accusations effectively.

What to Know About Texas Domestic Violence Laws

According to the Family Code in Texas, domestic violence is defined as any action taken by a family or household member to cause physical injury, bodily harm, assault, or issuing a threat that reasonably instills fear of immediate physical harm in the victim. The severity of these offenses can vary widely, from relatively minor Class C misdemeanors to serious first-degree felonies, depending on the seriousness of the act and whether a deadly weapon was involved.

Gathering Evidence

Your first step should be to collect and preserve any evidence that can support your innocence. This may include text messages, emails, voice recordings, photographs, or videos contradicting the accuser’s claims or demonstrating their motivation for making false allegations. Eyewitness accounts from friends, neighbors, or family members who can attest to the accuser’s behavior or the falsity of the claims can also be powerful evidence.

Filing for a Protective Order

In some circumstances, you may need to proactively seek a protective order against the accuser to prevent further false allegations, harassment, or the possibility of retaliatory accusations. A protective order can legally prohibit the accuser from contacting you, coming within a certain distance of your residence or workplace, or engaging in any form of harassment, intimidation, or other threatening behavior.

Building a Defense Strategy

Your attorney will work closely with you to develop a strong, tailored defense strategy based on the specifics of your case. This may involve challenging the accuser’s credibility and motivations, presenting evidence that contradicts their claims, or demonstrating that the alleged violence could not have occurred as described. An effective defense may also show that injuries were accidental or that you acted in self-defense.

Potential Alternatives to Trial

In some false allegation cases, your attorney may explore alternative dispute resolution methods, such as mediation or negotiation, as a potential path to resolving the matter without going to trial. These alternatives have pros and cons but can sometimes help avoid the stress, expense, and uncertainty of a trial while still potentially achieving a more favorable outcome than a conviction at trial.

Contact a Cooke County, TX Criminal Defense Lawyer

False allegations of domestic violence are unlawful and a terrible abuse of the justice system. By taking prompt action and seeking a Denton County, TX criminal defense attorney, you can learn the best potential steps forward for your specific situation with our firm, which has been around for nearly two decades. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.