False allegations of domestic violence can have devastating effects on your reputation, your rights, and even your relationship with your children. Unfortunately, they’re not uncommon in divorce, custody, or breakup situations where they’re often used as leverage in disputes over support, custody, or property.
In the video below, family law attorney Sina Mohajer breaks down why false accusations happen, what to do immediately if you’re accused, and how to protect yourself legally. From avoiding contact with your accuser to gathering strong evidence and hiring the right attorney, you’ll learn practical steps to defend your name and safeguard your future when facing false domestic violence claims.
Transcript:
Whether you’re dealing with a divorce, a parentage case, or even just a simple breakup in your relationship, you could be facing false allegations, or accusations, of domestic violence. But why are these false allegations happening and why do they matter? What are some immediate steps you should take if you’re being faced with these false accusations of domestic violence, as well as what are some legal strategies to keep in mind when handling a false allegation case? Well, in this video, we’re going to address all of that.
For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Estate Planning, and Personal Injury. In these videos, I like to take complex legal issues and try to simplify it for our viewers in order to give you the knowledge and know how and what to expect and how to handle your case a little bit more effectively. So if you like the contents of this video, hit that like button. And don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our channel called A Walk in the Park.
Why Are False Allegations Made Against You?
So why are false allegations even being made when you’re dealing with some type of divorce, custody, or a simple breakup? And it’s a little hard to say exactly why it’s happening to you specifically. But some advantages of making these allegations for the other side is that it can have certain implications in your divorce process.
Accuser Can Avoid Spousal Support
For example, if you are a victim of domestic violence, you are not required to ever have to pay for spousal support. So as a strategic measure, that could be a reason why false allegations are being made against you.
Can Affect Your Custody Rights
Or in a custody matter when there’s children involved, if there’s a showing of domestic violence, it could have an implication on your custody rights and your parenting time with your children.
Negative Effect on Your Reputation
Or when there’s just a simple breakup, a simple restraining order that could have an impact on your reputation, on your job, and so forth.
People do things, and sometimes we can’t explain it, but it’s important to understand the implications and what to do moving forward.
Immediate Steps to Take After False Allegations of Domestic Violence
So what are some immediate steps you should take?
Gather Evidence
The biggest thing that I can’t emphasize enough is always gathering your evidence. Evidence, evidence, evidence. Without it, you’ve got nothing.
Do Not Contact the Accuser
One thing you cannot do is contact the accuser. Chances are, if you’re being accused of domestic violence and there’s already a court proceeding, there’s a possibility where there is a temporary restraining order against you, which means if you contact the accuser, you’re in violation of it.
And in California, when you go to trial and then they are able to prove that you violated a temporary restraining order, it doesn’t matter whether they can prove all the allegations ahead of that, where they got the temporary restraining order for; all they have to show is that you violated a court order and it’s an automatic permanent restraining order. So I can’t emphasize that enough.
And in my own cases, I see it all the time, where the accused contacts the accuser, whether directly or indirectly. And you can’t do either. You can’t make phone calls. You can’t come in person to talk to them. You can’t use a third party to go and talk to them and say, hey, why are you doing this? Or pass along any message whatsoever.
Because like I said, when I go to trial, the first thing I look at is whether the accused violated the restraining order. That makes my job super easy, where I don’t have to prove the allegations of domestic violence. I just have to prove that you violated a court order and I’m going to get a five-year restraining order against you. So it’s very important that you follow that and you follow any other orders that the court makes.
Comply with a Move Out Order
In a restraining order, if you’ve been cohabitating with the accused, chances are there’s going to be a move out order. You have to comply. Anything the court orders, it’s very important that that is the first thing that you do, is read that order and comply to it to the T.
Hire an Attorney
Another immediate step that you should take is hire an attorney. I’ve seen many times people trying to handle the case on their own. And at the end of the day, they come to me seeing what I can do to help fix the mistakes that they made. And unfortunately, at that point it’s too late.
If a restraining order is granted, you’re stuck with it and you have to follow the terms of that order.
But if you’re able to hire counsel before your trial, before anything happens, it gives us the opportunity to increase your chance of refuting those false allegations and clearing your name.
Legal Defense Strategies for False Allegations of Domestic Violence
So what are some legal defense strategies that you should keep in mind when dealing with false allegations of domestic violence?
Gather Your Evidence
Well, number one, gather your evidence. I told you before, it’s all about evidence, evidence, evidence, which means look through your emails, text messages. Figure out ways that you can refute or discredit the victim based on their allegations.
For example, showing the court that it is impossible that that event occurred, even. Perhaps you were somewhere else. You’ve got an alibi witness. False allegations happen all the time. And sometimes we get flustered and we can’t think clearly on how to refute these charges or these allegations. And we miss our opportunity. So it’s so important to slow it down.
Look at discrediting the victim or any witnesses that they have, proving to the court that the story that they’re sharing is impossible to have occurred because perhaps you were somewhere else.
Showing Motive as a Strategy
Motive is another legal defense strategy, showing that the accuser has different motives other than trying to protect themselves of domestic violence. Perhaps it’s to gain an advantage in the custody case, perhaps it’s to avoid paying spousal support if you’re dealing with a divorce, or it could be simply that you’re going through a divorce and the other person just doesn’t want you living in the house. So they kick you out of your own house, they filed a restraining order as a way to circumvent the process itself.
Contact Mohajer Law Firm If You’re Facing False Allegations of Domestic Violence
So if you have questions about your particular case, you are being faced with false allegations of domestic violence, I cannot urge you enough, contact an attorney. Any attorney. Talk to a family law attorney to figure out what your rights and strategies are. And if you’d like, I welcome you to contact our office. I’m happy to sit down with you one on one to discuss your strategy, your legal defense, and figure out the best approach to take.
So as I said in the beginning of this video, if you like the contents of this video, you like what you heard, please hit that like button and share with your loved ones and friends. And don’t forget to subscribe either so you’re always informed of any new videos being posted.