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Wrongful domestic violence allegations: What defenses are there?

On Behalf of | Dec 9, 2020 | Criminal Defense |

Allegations regarding domestic violence have been taken much more seriously by the courts in recent years. This is important progress as over one million women across New York and the entire country have reported cases of domestic violence. However, it should also be noted that sometimes, allegations can be false. Being falsely accused of domestic violence can have a number of detrimental effects to someone’s life, and it can be difficult to prove that claims were falsified.

Having the wrong person

One defense to a domestic violence involves the accused proving that they were not present when the abuse allegedly occurred. This may involve finding receipts from a local business they were at or even having a witness present their statement regarding their whereabouts during that timeframe.

False allegations

During a messy divorce or separation, one of the parties may accuse the other of domestic violence. A live-in partner may find it more difficult to prove that they were not there when the incident occurred. However, there are some options. Demonstrating inconsistencies may be enough to prove that claims are false.

Self-defense

Often, the alleged victim will present proof of injuries as evidence. However, this does not always prove the validity of their claims. In some cases, the alleged abuser may have caused injuries in the process of defending themselves or their children. In such cases, claiming self-defense can be a viable option.

Although a false allegation can seem straightforward, the fact is that it can be difficult to prove. This is why it is so important to utilize the services of lawyers who practice in domestic abuse cases.