False accusations are common in domestic violence cases in Virginia. It is something that is seen all the time. Being falsely accused is very serious and can have potential damage. If you are being falsely accused in a Virginia domestic violence case, you should immediately contact a Virginia domestic violence attorney.
There are many reasons why somebody is going to be making false statements of domestic violence to the police or accuse them of a crime. The most common ones are things like custody battles where individuals are trying to gain leverage in order to be able to get control over their children or a property in a power struggle where individuals feel wronged because their significant other or their spouse has moved on.
The feelings of jealousy or revenge are another common reason where somebody’s life is not going the way that they planned and they simply need to bring a charge against somebody else, or in situations where there was an argument and they were pushed but it was in response to their own actions and they are afraid that they will be held accountable for those actions so they have decided to call and file charges and make it sound worse than it is just to try to avoid prosecuting themselves.
Anybody can protect themselves from allegations of domestic abuse by saying little and making sure not to touch the another person. If somebody is hitting them, they should call the police and do not hit them back.
If a person is in an unsafe position, they should certainly record everything that they can. They should try to be recording everything that happens so that they have some evidence, take pictures of everything at the scene to collect the most amount of evidence, and collect as much evidence as possible to help defend against somebody’s false statements.
Virginia Beach domestic violence attorneys are going to look to any evidence that they can to help their clients. They are going to be poking holes and the evidence is going to be recreated. They are going to be looking for an alibi and evidence to corroborate their client’s story and certainly discredit the other complaining witness’ story as well.
Sometimes, an experienced lawyer presents the evidence in motions, or a lawyer will present the evidence at trial. The presentation of the evidence depends on the details of the case.
Often, this evidence is presented by eliciting answers from the complaining witness via cross-examination. Cross-examination is a good way that evidence can come out that can be helpful to a client because it helps discredit the witness but it also might bring new information to the table.
The consequences of a domestic violence in Virginia offense are severe. There are misdemeanor offenses and there are felony offenses. A misdemeanor carries up to 12 months in jail and a $2,500.00 fine. Felony offenses can carry years in jail and hundreds of thousands of dollars of fines.
With domestic violence offenses usually come protective orders, which would potentially force an individual to continue paying for somebody’s rent or somebody’s utilities without being able to live there. They could lose custody of their children. They certainly would be ineligible for certain jobs. If a person is convicted of a felony, they would lose rights to bear arms and they would be otherwise disenfranchised, losing the right to vote.
It is a life-changing situation and it is something that can seriously alter a person’s future prospects. It is something that an individual needs an attorney on pretty much right away.
The charges associated with domestic violence in Virginia are extremely serious. If falsely accused, it is crucial to contact a Virginia domestic violence lawyer right away to start building a defense.