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False accusations in a domestic violence case
In California, domestic abuse cases are taken very seriously, and the state is strict with its offenders. Domestic violence includes a variety of crimes and a variety of punishments. The defendant usually faces heavy fines, jail or prison time and many other devastating consequences. The types of charges brought in a domestic abuse case are based on incidents that occur between intimate partners. Intimate partners include all persons (heterosexual and homosexual) who are or were married, who have children in common, who are cohabiting and who are or were dating.
Because the consequences of an intimate partner abuse charge are so severe, it is crucial to hire an aggressive, knowledgeable criminal defense lawyer who knows California domestic violence law. An experienced attorney from The Kavinoky Law Firm is just that. He or she will customize a defense based on each individual’s experience and will ultimately provide the best representation possible.
Oftentimes a domestic violence “victim” makes a false accusation to the police. The accused, in turn, becomes the “defendant” when formally charged with the crime. Unfortunately, police are quick to respond to the accuser’s cries and far too often the accused doesn’t know how to appropriately respond. The reality of the situation is that the “victim” is the party actually breaking the law, as false reporting is a crime itself, punishable by up to four years in state prison. Additionally, there are several civil causes of action that may be filed against the accuser in this type of situation. Contacting an attorney is the best defense for someone who has been falsely accused, because the lawyer can help the defendant navigate through the court process to make sure that appropriate action is taken on behalf of the accused and against the false accuser.
There are several reasons why people file false intimate partner abuse charges. Domestic violence is usually about control. That control can be physical, emotional or financial. There are domestic violence statistics that reveal that a significant number of people who reported domestic violence crimes were actually exaggerating or lying to the police in order to manipulate or control their partners. Filing a false report allows the accuser to have the upper hand over the accused and is a way to exert power over one’s partner. Sometimes the accuser brings the false charges because of jealousy or revenge. These are all defenses that a skilled attorney will investigate on behalf of the accused to ensure that the judge and/or jury not only hear the defendant’s side of the story, but believe it as well.
Being falsely accused of a domestic abuse case may bring life-changing consequences. One’s reputation, career, family and freedom are all placed in jeopardy if the truth isn’t revealed. An experienced attorney from The Kavinoky Law Firm knows how to examine witnesses, analyze evidence and how to highlight discrepancies to ensure that in a false accusation situation, everyone recognizes that the defendant is truly the victim and that justice can only be served by treating him or her as such. The first step in defending against a false accusation is to immediately hire an attorney. Click here for a free consultation with a skilled attorney from The Kavinoky Law Firm.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.