What To Do If You’re Falsely Accused of Domestic Violence

A 2023 survey revealed that 10 percent of Americans, including 13 percent of men and 8 percent of women, report having been falsely accused of domestic abuse, with false allegations often linked to child custody disputes (31 percent) and predominantly made by women (58 percent), marking an increase of 8 percent in 2020.

False allegations can result in devastating consequences, including damages to your reputation, loss of child custody, and potential criminal charges. These false claims can leave your life and future in turmoil. At Lackey & Miller, our criminal defense attorneys are ready to fight for your rights against false accusations of domestic violence in New Jersey. Contact us today for a free consultation and take the first step toward reclaiming your peace of mind.

What Are False Accusations of Domestic Violence in New Jersey?

Domestic violence is a serious matter. However, some people will make false allegations of domestic violence against a partner or family member. In many cases, it is because the accuser is trying to gain the upper hand in a custody battle or divorce proceeding. In other cases, the accuser may be emotionally unstable and have a history of making false allegations.

Why Do People Make False Allegations?

Some of the most common reasons people make false allegations of domestic violence against a family member include:

• Divorce, so one spouse might receive an unfair division of assets
• Child custody cases
• Emotional instability
• Retaliation for a wrong the accuser perceived the accused did
• Seeking attention
• Mistaken perceptions or misunderstandings

How Should You Respond to False Allegations of Domestic Violence in New Jersey?

You can take several steps to help protect yourself while facing false domestic violence allegations, including:

Remain Calm and Avoid Direct Confrontation

Never confront your accuser directly, as this could escalate the situation. Your accuser could also use this against you in court.

Document Everything

Document, document, document. Keep a journal of your actions during the alleged incident, including what your accuser accused you of and how you responded. Preserve text messages, emails, and social media posts relevant to your case. Record statements or incidents that may serve as evidence. Both physical evidence and verbal evidence can help your case.

Contact a Criminal Defense Attorney Immediately

Seek legal assistance from a criminal defense attorney if someone makes false statements against you. An attorney can help protect your rights and create a defense strategy.

Cooperate With Law Enforcement

If your accuser calls law enforcement, remain polite—only volunteer information with an attorney present. Any statement you make could be misinterpreted and used against you.

Comply With All Restraining Orders

If the court issues a restraining order, follow it to the letter to avoid further legal complications. This usually entails zero communication, without exception. What you consider to be an innocent text message, such as an apology or to ask a question about a child or shared pet, could result in additional charges, including a criminal contempt of a court order.

Avoid Discussing the Case on Social Media

Never discuss the allegations or anything related to the case on social media. Even if your profile is locked down, a “friend” or “follower” could provide your posts and comments to your accuser to use against you. Law enforcement can also use these posts in any subsequent criminal case for harassment.

Why is It Important to Contact a Criminal Defense Lawyer Immediately?

Once falsely accused of domestic violence, you will enter the court system. Navigating the system can be complex, especially if the allegations are made during a divorce or custody battle. An experienced domestic violence lawyer can help you understand your legal options and help create a favorable defense for your case.

Why Work with Lackey & Miller

False domestic violence allegations are serious and can affect you for the rest of your life if they are not cleared up. The experienced criminal defense attorneys at Lackey & Miller can guide you through the process, help protect your rights, and help you develop a strategy to defend your case.

Testimonials

“Lackey and Miller stayed in constant contact with me throughout the court process and let me know every time my court date was which is what I liked Lackey and Miller also got my pending charges dismissed thank you lackey and Miller” – Farod P.

“Jeremy is an amazing lawyer. He is knowledgeable, personable, and has a knack for making you feel at ease and comfortable. He really knows his stuff! I would 100% recommend his services.” – Ameera K.

“Couldn’t be happier with the outcome of our case. From the initial consultation Jeremy Lackey listened to my concerns in a friendly, caring manner and helped to alleviate the anxiety and worry that I had. I would highly recommend this practice.” – Kimberly V.

Additional Resources

• Consent Searches in the Scope of Domestic Violence Investigations: Know Your Rights: Just because someone permits the police to search your personal space does not mean they can search your personal belongings without a search warrant.
• What Proof Do You Need to Get a Restraining Order?: Learn more about the different types of restraining orders and the proof the accuser needs to obtain one.

Don’t Face False Accusations Alone – Call Our Legal Team Today

If someone falsely accuses you of domestic violence or any other crime, you do not have to face the allegations alone. An experienced criminal defense attorney can guide you through the process and help you protect your rights. Contact Lacky & Miller at 856-399-0089 or complete our online contact form to request a consultation.