Unfortunately, millions of women and men are subjected to domestic violence each year. Domestic violence is “the use of force in domestic situations that causes bodily injury, threatens to cause bodily harm, or causes any kind of physical contact the other personal may regard as offensive or provocative.” That said, it can include physical violence, sexual violence, psychological violence, and emotional abuse. In New York, domestic violence accusations are taken extremely seriously as this criminal offense carries harsh penalties, including incarceration. While many reports of domestic violence are legitimate, there are cases when an individual makes a false accusation. Being falsely accused of domestic violence can have devastating long-term consequences. If you have been falsely accused of domestic violence, it is in your best interest to retain the legal services of a talented Rockland County Domestic Violence Attorney who can help you clear your name.
When are false accusations most likely to happen in New York?
Unfortunately, despite many accusations of domestic violence being genuine, there are instances in which an individual reports a false allegation for personal gain. For example, in some cases, individuals will make false allegations vindictively out of spite. When a fight occurs between domestic partners, they may falsely accuse their partner of domestic violence as revenge. However, the primary reason for a false accusation is to manipulatively gain an unfair advantage in divorce and child custody disputes. During a child custody battle, the court will consider several factors to determine what is in a child’s best interest. That said, they will examine whether there have been any domestic violence convictions. A domestic violence conviction will hinder a parent’s ability to obtain custody or visitation rights. These kinds of accusations have severe repercussions for an individual’s life. Those that make a false accusation often do not realize the lasting consequences of their actions before contacting law enforcement. To protect yourself, you must acquire quality legal counsel to help you fight the charges against you.
What should I do if I have been falsely accused?
If you have been falsely accused of domestic violence, you face significant penalties that will negatively impact your life. You must invoke your constitutional rights to remain silent and speak to an attorney when arrested. Victims are often granted a Temporary Order of Protection (TOP). To maintain your innocence, you must comply with the conditions of the order, which may include vacating your home and refraining from contacting your domestic partner. Ultimately, the best way to fight the charges against you and clear your name is to hire a determined Rockland County domestic violence attorney who can protect your rights.
Given the high stakes, acquiring strong legal representation is in your immediate interest. Contact an experienced attorney from The Law Office of Carl Spector who can help you prove your innocence to avoid harsh penalties and clear your name.