False allegations of domestic violence can permanently change the life of the individual who was falsely accused. With so much at stake for the alleged abuser, one would hope that making false accusations is also a punishable offense.
Common Reasons Why People Lie about Domestic Violence
Accusations of domestic violence are taken incredibly seriously. So much so that in some states, the police are required to make mandatory arrests after being called to the scene of a domestic dispute. In Texas, police officers are allowed to make “on-view” arrests, meaning they do not need to secure a warrant prior to an arrest. If they are called to the scene and they believe there is probable cause, an arrest will be made.
There are numerous motivations people may have for making false domestic violence claims.
● To affect one parent’s chances of getting child custody after a breakup or divorce
● For revenge
● For attention and pity from others
● Mental illness/compulsive lying
In general, false allegations of domestic violence come from the accuser wanting to gain control, or have the upper hand, in any situation. However, false accusations can impact the alleged abuser’s life for years, causing harm to their relationships, career, and mental health.
Can This Warrant Perjury Charges?
Perjury is defined as making a false claim during an official proceeding or under oath. If the alleged victim of domestic violence lies while testifying under oath, it could warrant perjury charges. However, this is extremely rare. Perjury charges are seldom pursued in general and are hardly ever filed in these circumstances.
What To Do After Being Falsely Accused
If you have been falsely accused of domestic violence, your first inclination may be to immediately begin sharing your side of the story with anyone who will listen. You may also attempt to contact the accuser in an attempt to clear up the situation. However, you should refrain from making any rash decisions or statements.
● Contact a defense attorney
● Follow the conditions of the protective order (if there is one)
● Don’t discuss the case online or with others
● Begin collecting evidence that will help prove your establish your defense
● Write down details about the alleged altercation as soon as possible
Defending Yourself Against a False Claim
Unfortunately, because domestic violence is such a serious crime, proving your innocence after being falsely accused can feel like an uphill battle. Many of these cases are based on hearsay, and it can be hard to combat the lies being told against you. At Scott H. Palmer, P.C., we are passionate about protecting our clients after false accusations.
Call our Texas domestic violence defense attorneys today: (214) 891-3382.