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Domestic Violence Accusations: When It’s Time To Get An Attorney

The Law Firm of Andrea M. Kolski

Being falsely accused of domestic abuse is a serious issue. Falsely accused persons face a list of potential consequences if convicted. False accusations are particularly problematic in divorce or custody battles. Falsely accused spouses could lose custody of their children and even face jail time. Nobody deserves to be convicted of a crime they didn’t commit. That’s why working with the right domestic abuse lawyer could save the day.

More than 20 million Americans are accused of abuse. Out of the millions of domestic violence cases reported annually, many are false accusations or situations that may not merit legal intervention. Unfortunately, once accused, these charges are difficult to defend and many innocent people suffer the consequences.

Domestic assault charges are serious and can cause damage to careers, families, and ones future. To protect your freedom and reputation, act now. It’s critical to work with the best domestic abuse lawyers.

The right lawyer can help with the complex legal process and guide you through it. Continue reading to learn the 6 signs that it’s time to hire a domestic abuse lawyer and defend your rights.

1. Charges Filed

Have domestic assault charges been filed against you? Do they have evidence to prove their case? If so, the clock is ticking and you need to get to work immediately.

The first step to proving your innocence is appropriately responding to the charges according to the laws in your state. Don’t assume because you’re innocent that your word against that of your accuser’s is enough to prevail. Unfortunately, the accused face an uphill battle to prove their innocence and there’s a strong chance you might lose. A domestic abuse attorney will know how to navigate the complex court system and properly respond to the charges.

Depending on the circumstances, an experienced domestic abuse lawyer can work to negotiate with the court to have the charges dropped or lessened. With enough evidence on your side, having the charges completely dropped is your best case scenario so that you can move on with your life. This is very difficult to achieve without a seasoned attorney fighting for you.

2. Spouse Threatening to Call Police

If your spouse is threatening to report you, it’s time to find the right attorney. When the police are called or involved, the escalation happens quickly. In most cases, if the cops show up, somebody is going into custody even if both parties claim things are ok. That one call means a personal matter is now a legal matter and your liberty is at risk.

Even if you know you’re innocent, it’s important to be extremely careful talking to the police or any member of law enforcement. In heated situations, innocent people often say things that will later be used against them. This will likely complicate your case.

Stay quiet and calm. Comply with the officers requests, even if you don’t necessarily agree with them. Keeping a cool head will help everyone in the situation. Don’t try to prove your innocence to the law enforcement officers on the spot. There’s a good chance you’re going into custody regardless what you say. This is not the time to prove your innocence.

During questioning, having your attorney is present is a smart call. A good attorney understands the situation and will advise during interrogation.

It’s very easy for innocent people to implicate themselves by saying too much. Don’t let the emotions of the situation get the best of you. Remain calm and obey the officers every step of the way. If they ask questions that you feel could implicate you, request your lawyer and respectfully decline saying anything more until your lawyer is present. Wait until your lawyer arrives to talk to the police.

3. Law Enforcement Involved

Has your neighbor or family member contacted the police? If so, remain calm. Keep your wits about you and be prepared for a long night. Once the police are contacted, you can expect to be questioned and likely taken into custody. Yes, even if you are completely innocent, this is a real possibility, so don’t panic.

Remember that police officers are people too. They don’t like getting involved in personal disputes and are simply trying to insure everyone’s safety. They can’t know every detail of your relationship or the circumstances that led them to be alerted. Keep this in mind as officers try to make sense of the situation.

Keep a calm demeanor and act respectfully. After the situation has passed, make sure to collect and keep any evidence which you think could help your case. Gather any relevant photos, credit card bills, cell phone messages, recordings, or social media posts.

If your spouse is falsely accusing you of domestic violence, try to consider why they may be doing this. What is their agenda? Is there a custody dispute? Are they trying to make your life more difficult? There are a million reasons why someone would falsely accuse someone else of a crime, so be aware of what may be going through your accusers mind.

Law enforcement looks at social media and other data to get in the heads of both the accused and their accusers. This evidence could be used to help or hurt your case. Either way, once it is destroyed or deleted, it can’t be retrieved. Without good evidence, it’s hard to prove your innocence.

Is your accuser the one actually abusing you? This is not uncommon. Oftentimes an abuser will try to turn the tables and falsely accuse the other person of abuse. This is sad but happens all too often. It’s another reason why it’s important to collect evidence to demonstrate their deception, abusive and combative behavior.

Even with evidence, resolving the case on your own is an uphill battle. In today’s environment, it’s extremely rare for a falsely accused person to successfully defend themselves alone against domestic abuse charges. Don’t take that chance on your freedom. A skilled attorney is key to protecting evidence to prove your innocence.

4. Physical Altercation With Accuser

Was there an argument or disagreement between you and the accuser that elevated into a physical altercation? If so, proving your innocence will be a challenge. Your attorney will need to argue on your behalf regarding the circumstances of the altercation.

Therefore, if your spouse has accused you of violence, it’s likely best to stop communicating with them. Anything said or done can be evidence against you. Even a simple apology could be interpreted as guilt. So, it’s best to stay silent.

If the judge issues protection orders, even when you know you’re innocent, you need to follow them. It’s best not to engage with the accuser if they are trying to reach out to you.

This is why having a reliable lawyer around is invaluable. They can advise you on what steps to take next as you work your way towards proving your innocence to the court. Too often innocent people do things after the fact that wind up biting them later. Don’t make those mistakes.

A good lawyer will advise about contacting and engaging with your accuser and how to conduct yourself in the days ahead.

5. Issued With a Warrant of Arrest

Is there an active warrant out for your arrest? Do you think it could be for domestic violence, and you don’t know what to do?

One of the first things an experienced domestic abuse lawyer will do is determine whether or not there is a warrant for your arrest. This will immediately signal to them how severe your case could be. If you discover there is a warrant for your arrest, it’s important to listen to your lawyer’s advice. They may instruct you to turn yourself in or take other action to help your case.

It may be a shock to learn you have a warrant for your arrest. This is understandable. But, as always, cooler heads must prevail. Discuss your options with your lawyer and follow their guidance. Whatever you do, avoid disparaging the accuser or ranting about your innocence on social media, through texts, calls, or other communications. Keep your mouth shut.

Emotional responses, even when you’re innocent, can send the wrong message. It’s easy to dig your own hole with angry social media posts or messages to the accuser, or others. A bad public image will only worsen your case. Stay off social media and stay clear of anything that could be interpreted as hostile behavior.

Let your lawyer do the talking for you. Let them deal with your warrant and listen closely to their advice.

6. Talk To An Expert Before Things Get Heated

Every relationship has it’s ups and downs. If your relationship has been strained lately, it’s important to talk to people that can help you smooth things out. Counselors and therapists are a great way to improve your state of mind and better your relationship with your spouse. Don’t wait until things get heated to seek help.

If circumstances have elevated things where law enforcement is involved, it can be a race against time to prove your innocence. It’s important to immediately begin building your case as soon as law enforcement is contacted. It’s critical to let your lawyer do the talking for you. It’s unlikely anything you say or do will help your case. You’ve got to remain calm and trust your experienced domestic abuse attorney to protect your freedom.

Being arrested for false accusations means you’ve got an uphill battle to prove your case. However, don’t wait till an arrest to seek professional help in your relationship or start looking for a domestic abuse attorney to stand up for you.

A Top Domestic Abuse Lawyer For The Justice You Deserve

Domestic abuse is a serious crime. Abusers should be punished and victims should be protected. However, false accusations are a very real problem in our system. The innocent can be thrown in with the guilty and that’s bad for our system of justice. When one innocent person is convicted, it can undermine the credibility of our system, which eventually hurts us all.

Anyone charged with domestic abuse could face heavy penalties, loss of parental rights, or conviction. A conviction can negatively affect their life, career and even reputation. This is something that should be avoided at all costs.

If you or a loved one has wondered, “is there a domestic abuse lawyer near me”? Then it’s time to start building your case and protecting your rights.

Few firms in Texas have more experience defending the accused than the Law Firm of Andrea M. Kolski in Montgomery County, Texas. Andrea has been successfully defending those facing charges for over 21 years. With thousands of hours of real courtroom experience, Andrea has won countless verdicts including dismissals and lessened charges for her clients. Contact them today to review your situation and determine the best course of action for your case.

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