False Domestic Violence Charges
Some domestic violence charges are often he-said/she-said cases involving no injuries, no witnesses, and no photographs. These cases can be defended against very well because they don’t meet the burden of proof of beyond a reasonable doubt. They are weak cases often filed by prosecutors to be fishing expeditions to get more evidence against the defendant. So how do you defend a false domestic violence charge without getting into more trouble?
This article is dealing mainly when you are falsely accused of domestic violence and how to minimize the damage. If you want to learn more about different strategies for defending all domestic violence cases, click here.
Don’t Give Statements
When the police are called to the scene of a domestic disturbance, they almost always interview everybody involved. Standard procedure it to interview the victim and suspect separately. If there are kids they also interview the children without the parents present. This is the first opportunity to blow a case if you are being falsely accused of domestic violence. Simply put, do not talk to the police. You are not required to give a statement, tell them you want to speak with your attorney, period. Oftentimes people try to explain the situation and make things worse.
But some of you may already be passed this hurdle without any problems. Your next worry is that if the police don’t arrest you, they might send detectives later to conduct a follow up investigation. Once again, they are looking to get statements from you to show you are guilty. Don’t give them that opportunity; tell them to go away.
Remember, the police and the district attorney’s office will be relentless in getting more statements from you and the victim. In fact, the Los Angeles County District Attorney’s Office even has a special hotline available for victims to report domestic abuse.
Victim Statements
This is something you simply can’t control. Whether the victim wants to cooperate is up to the victim. Oftentimes the victim gives statements saying you were the one who beat him or her when they call 911. That call is recorded and saved for evidence to be used against you. If, however, the victim changes his story after the arrest, then things get tricky. If there is no other corroborating evidence such as injuries, photographs, or witnesses, the prosecution doesn’t have a strong case.
Sometimes, however, the victim will cooperate with the police. Maybe the victim left you and is living in a domestic violence shelter. If that is the case then don’t worry. The prosecutors will still need evidence of injuries, photographs, and witnesses; otherwise this case will still be a he said/she said type of case. He said/she said does not meet the burden of proof beyond a reasonable doubt.
Conclusion
Remember: a criminal case needs proof beyond a reasonable doubt. For domestic violence charges this means evidence, independent witnesses, photographs, injuries, proper police investigation, 911 recordings. If your case is based on false allegations and does not have enough of the above evidence, you need to fight back.
How can I help?
If you have any more question about false domestic violence charges, child custody, or criminal defense please contact me for a consultation at levon@kevorkianlawoffices.com or call 626-227-1176 and ask to speak with me. Connect with me on Google+.
The Law Offices of Levon Kevorkian is a boutique firm located in Pasadena, California handling Divorce, Child Custody, and Criminal Defense cases. Our office is located at 1055 E. Colorado Blvd. Fifth Floor, Pasadena CA 91106.
Disclaimer: This blog post and other blog posts by me are not meant to be legal advice. No attorney-client relationship will be formed by these blog posts.
