What to Do if You Have Been Falsely Accused of Domestic Violence
If you have been falsely accused of domestic violence, it is important to seek legal help as soon as possible. Even though your accuser may be a family member or even a loved one, you need to prove your innocence and clear your name.
Failing to act can result in a number of consequences, including jail time and fines. You may also be prevented from seeing your children in the future. Dragging your family through an extended court case might not seem like a pleasant option, but it is the only one you have. It is not dishonorable to fight for your freedom and your reputation.
What is at Stake?
Once you have been charged, you could face a range of strict penalties, depending on the nature of the incident. If you have been accused of domestic assault, you could face penalties related to section four of the Domestic Violence Law Enforcement Guidelines.
In most cases, first-time offense is classified as a misdemeanor, while subsequent offenses are classified as felonies. If this is not the first time you have been accused of domestic violence, it is imperative that you contact an experienced legal expert immediately.
What is at Stake?
Once you have been charged, you could face a range of strict penalties, depending on the nature of the incident. If you have been accused of domestic assault, you could face penalties related to section four of the Domestic Violence Law Enforcement Guidelines.
In most cases, first-time offense is classified as a misdemeanor, while subsequent offenses are classified as felonies. If this is not the first time you have been accused of domestic violence, it is imperative that you contact an experienced legal expert immediately.
What are My Chances?
 Even though Massachusetts has very strict laws regarding domestic violence, the prosecutor’s office must still prove that you are guilty. This is often difficult because of the private nature of domestic abuse.
According to the hearsay law, the simple assertion that you committed domestic violence is not enough to prove your guilt in court. This means that if it is simply their word against yours, you stand a good chance of proving your innocence.
That being said, there are a number of other methods the prosecutor might attempt to prove that you did in fact commit domestic violence:
- Police testimony
- Transcript of the 9-11 call
- Transcripts of witness testimony
- Police body-worn cameras
In many cases, the prosecutor will attempt to use evidence that is inadmissible, such as certain witness testimony. This is why it is crucial to get help from a qualified attorney who understands hearsay law and the trial process of a domestic violence case.
Will My Spouse be Punished for Falsely Accusing Me?
Successfully proving your innocence is the main priority. However, the court may punish your spouse for making false accusations against you if it becomes obvious that the entire incident was a fabrication. In order for your spouse to face penalties, it should be clear that there was intent. This means that they intentionally made a false report to police officers.
If there is enough evidence to suggest this, then the court case may result in them spending up to one year behind bars. If you want to see justice served, this is another reason to hire an experienced lawyer who can defend you over the course of a jury trial.
Your Next Steps
Reach out to the Law Offices of Johnson, Sclafani & Moriarty today, and we will help you take your next steps forward as you protect your freedom and your reputation. Call us now at 413-732-8356.
