The strictness of domestic laws enables police to take swift action to protect any person who is suffering from abuse in his or her home. The problem is, in some cases, people take advantage of the law and falsely accuse their loved ones and relatives of domestic violence out of anger or to gain an advantage in the divorce process.
Whenever someone is falsely accused of domestic violence, he or she will have the right to a criminal defense. Here are common defenses against false domestic violence charges:
The wrong person was accused
By using various types of alibis, a defendant could prove that he or she was not in the vicinity of the place where the crime occurred. Perhaps someone can prove that he or she was in another city when the domestic violence happened based on cellphone records or credit card receipts, or based on the testimony of a witness who was with the individual at the time.
Deliberately false claims
It may be possible to reveal inconsistencies in the accuser's story to reveal that falsity of his or her claims.
Someone might claim that he or she was attacked physically when, in reality, the alleged attacker was merely defending him or herself. It's not uncommon for someone to claim that he or she was victimized by domestic violence when the alleged victim was actually the one who perpetrated the domestic violence.
Fortunately, domestic violence laws are structured in such a way as to protect both the victims of domestic abuse and people who may have been falsely accused of committing domestic violence. If you've been falsely accused, you can stand up for your legal rights and defend yourself against the allegations.