The Consequences of a False Domestic Violence Charge

Domestic violence laws exist to protect individuals from physical abuse by a spouse or partner. Unfortunately, many people use domestic violence laws to commit what amounts to court-ordered abuse against their ex-partner. Men are frequently the victims of this type of attack, as some women choose to make false domestic violence allegations in order to gain special legal benefits or protections.

Why Would Someone Make a False Domestic Abuse Allegation?

A domestic violence complaint is a powerful tool for revenge. An angry wife, girlfriend, husband, boyfriend may tell the police she/he was the victim of domestic violence just to force her/his partner to leave the house. Indeed, a court may order the man or woman to leave the household even if he/she is the lawful owner of the property.

In some cases, a domestic violence charge can even get a wrongfully accused man or woman kicked out of the country. Under federal law, a non-citizen convicted of domestic violence or a “crime of moral turpitude” is subject to deportation. It does not matter if the man or woman is a legal immigrant in possession of a green card or a temporary visa. On the other hand, a non-citizen woman or man who falsely claims domestic abuse may receive preferential status in applying for legal immigration status.

False Allegations and Divorce

A more common scenario for a false domestic violence allegation involves a woman or man who wants to obtain a favorable financial or child custody settlement from an estranged spouse or domestic partner. Courts are more likely to award sole custody of the children and a greater share of marital property to a wife or husband who claims domestic abuse. Even the threat of bringing such a claim may convince a man or woman to sign away his/her legal rights just to avoid a trial.

Why False Domestic Violence Allegations Work

Despite the fact many domestic violence allegations turn out to be false, judges, prosecutors, and police still have not figured out that some women & men lie in order to manipulate the system. Indeed, many law enforcement officials operate under the assumption that the accuser is always telling the truth. As a result, men & women accused of domestic violence are effectively denied of their rights to equal protection and due process under law.

There is also little disincentive for women or men not to fabricate a domestic abuse charge. While filing a false police report and lying in court—i.e., perjury—are criminal offenses,  prosecutors rarely bring charges against women & men who lie about domestic abuse. Conversely, these same prosecutors may refuse to drop a domestic violence charge against a man or woman, even if the woman or man recants her/his story, for fear of being perceived by the press as “too soft” on abusers.

Have You Been Falsely Accused of Domestic Violence?

The bottom line is that no man can afford to take even the threat of domestic violence allegations lightly. If you are facing domestic abuse charges it is imperative you seek out immediate legal assistance.

KefalinosLaw.com

 

 

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