Dealing With False Domestic Violence Accusations In Florida

It is a common myth in the U.S. that the majority of domestic violence and sexual assault accusations are false, made up to get attention for the alleged victim or to harm the person against whom the allegations are made. In reality, the majority of domestic violence claims are very real, and affect all races and genders – but false accusations do happen, and can ruin lives if not effectively debunked. The right attorney can help.

Why Make False Allegations? 

A 2010 study from the U.S. estimates that somewhere between 2 and 10 percent of all domestic violence allegations are false, though a consensus on more specific numbers has not yet been reached. While it is always a positive to believe victims, this does mean that the small percentage of people who become the subject of false allegations may have a hard time being believed, particularly if the alleged victim is willing to paint themselves as such.

While some people are just vindictive, there are a few common scenarios where one may make false allegations of domestic violence. By far the most common milieu for false allegations is during divorce or child custody proceedings; the alleged ‘victim’ may want sole custody of the couple’s children, increased child support, or simply to attract attention and sympathy.

Victim’s Word Is Not Enough

If you have been arrested and charged with domestic violence, it is understandable that you would feel as though you are under attack, but it is important to enlist the right legal help to establish your lack of guilt. In Florida, domestic violence is not one contained crime; rather, the presence or absence of domestic violence is used as a sentencing enhancement if a defendant is found guilty. The underlying offense, such as battery or kidnapping, is tried normally.

What this means is that a state’s attorney must prove your guilt beyond a reasonable doubt, just as they would any alleged crime. The mere word of the alleged victim is not sufficient to convict you of any offense; the prosecution must present evidence, and if they have none, the right attorney can make sure the court is aware. Creating reasonable doubt may be easier than you think.

Contact A West Palm Beach Domestic Violence Attorney

Being falsely accused of domestic violence can be a truly frightening experience, but you do not have to navigate the legal process alone. A West Palm Beach criminal defense attorney at Perlet & Shiner, P.A. can help to protect your rights and ensure you get your day in court. Contact our office today at (561) 721-0552 to speak to an attorney.

Source:

web.archive.org/web/20180101025446/https://icdv.idaho.gov/conference/handouts/False-Allegations.pdf