Proving False Accusations of Domestic Violence

FREQUENTLY ASKED QUESTIONS ABOUT DOMESTIC ABUSE & VIOLENCE

What is considered domestic violence?

According to Florida Statute 741.28, “domestic violence” refers to a number of criminal offenses that result in the injury or death of a family or household member. That broad definition includes:

• Assault/aggravated assault
• Battery/aggravated battery
• Sexual assault/battery
• Stalking
• Kidnapping
• False imprisonment (e.g. preventing someone from leaving the house)

Alleged victims will need to provide proof of violence, such as medical examination results, 911 call logs, police reports, and witness testimonies. Kids will have to be subject to interviews and examinations by psychologists and physicians to determine if they’ve been abused.

Who can be charged with domestic violence?

Domestic abuse charges aren’t just for married couples. Florida law states that spouses, ex-spouses, parents, children, and those living together as a family (such as unmarried couples) may be victims or perpetrators of domestic violence.

Accusations can come from the alleged victim or from a parent accusing another parent of child domestic abuse or neglect.

Can you be arrested for emotional or psychological domestic abuse?

Florida is one of many states with an impact rule, which means that victims can only sue for damages if they’ve been physically impacted by abuse in some way. If there’s no documented evidence of physical violence or other material harm, then it’s usually incredibly difficult (but not impossible) to be arrested for emotional abuse.

That being said, it’s still important to talk to a lawyer even if you’re confident your accuser is lying or has no case against you.

What do you do if you are subject to false accusations of domestic violence?

First things first: do NOT talk to the police or try to sort things out with your accuser on your own. If you are subject to a restraining order, continue to follow the requirements of the order carefully.

Next, contact a domestic abuse defense lawyer immediately. A defense lawyer will help you understand the charges being brought against you, gather evidence in your support, and argue your case to a judge.

At Mike G Law, we work with residents throughout the Tampa Bay Area, including Brandon, Wesley Chapel, and Plant City. As a former prosecutor and now an experienced domestic abuse defense lawyer, I know how to investigate false domestic accusations of domestic violence and uncover the motivation the accusing party may have in wanting you charged with assault or other domestic violence.

A TAMPA DEFENSE LAWYER ON YOUR SIDE

As a defense lawyer with decades of protecting the rights of the accused, I am here to help you stand up to false allegations of domestic abuse.

For spousal or partner cases, I will help review the charges against you and develop a plan of action to prove your innocence and preserve your rights.

For accusations of child abuse, I take a compassionate, careful approach when interviewing children to determine if they have been coached to make the accusation. Children often find themselves in the middle of disputing parents and are reluctant to be forthcoming with answers if they are afraid either parent will get into trouble. I work with child welfare professionals, as needed, to investigate and get at the truth. Your child’s best interests will always remain the highest priority.

If you have been accused of or you are concerned that you might face false allegations of abuse or domestic violence, call my office in Tampa right away at (813) 221-4303. You can also click here to contact me online.