While it is normal for marriage relationships to have some ups and downs, divorce and other serious conflicts can easily blur the line between love and hate. With the related disagreements and fights usually leading to strong negative feelings, it is common for individuals to falsely accuse their partners of family violence, especially in contested divorce proceedings.
In most cases, divorcing partners make false allegations against their spouses to obtain favorable child custody outcomes or to gain an advantage in the marital property settlement. Besides using false allegations of family violence to get the upper hand in divorce cases, some people use baseless allegations as an act of revenge. Vengeance is usually for malicious purposes, including getting satisfaction from a damaged reputation of the significant other.
Unfortunately, domestic or family violence of any kind is a serious crime in Texas with severe penalties, including imprisonment and substantial monetary fines. Even without a conviction, allegations of family violence are likely to damage your social reputation. Accordingly, it is important to understand your rights and how to deal with false accusations in case you become a victim.
Texas Law and Family Violence
Family violence in Texas is what many other states refer to as domestic violence. There are different types of family violence and Texas law classifies domestic violence into three categories: domestic assault, aggravated domestic assault, and continuous violence against the family. Essentially, family violence is not a single crime but a class of serious criminal offenses.
Family violence in Texas is not necessarily against a spouse but can involve other people in a family or intimate relationship with the accused, including dating partners. It can also involve violence against an individual with whom the defendant has a child, even if not in a marriage relationship.
A family violence charge in Texas can range from a minor misdemeanor to a first-degree felony. The penalties range from jail sentences of up to one year and/or monetary fines to prison sentences of five to 99 years and/or fines of up to $10,000. A conviction can also involve civil penalties, including a Texas protective order and restitution payments.
What to Do When Falsely Accused of Family Violence
A domestic violence accusation in Texas can easily change your life with a conviction attracting severe penalties. Even where you escape a conviction, the allegations can leave you with massive collateral damage, including irreparable damage to your reputation and social stigmatization. You need to defend your freedom and reputation.
Due to the emotional nature of domestic violence charges, the police, the court, and even the general public almost always side with the accuser. You are likely to find yourself on your own. You also risk making significant mistakes, including confronting the accuser or accepting a plea deal to avoid further humiliation. It is advisable to seek the help of a skilled and experienced Plano family violence defense attorney.
Besides helping you avoid making mistakes that might be detrimental to your freedom, an experienced domestic violence lawyer also helps you understand your rights and what you need to do to fight off false allegations successfully.
Common Defenses to False Allegations of Family Violence
While every family violence case is different, there are some common defense strategies you can use in such cases, including:
- Unreliable testimony – As a defense strategy, you can point out the unreliability of the accuser’s testimony. With malice as the main driving force behind most false allegations in divorce cases, accusers usually bring inconsistent and false stories to court. You can use the inconsistencies to have the court reject the accuser’s testimony and the case in general.
- Self-defense – Where there is physical contact and depending on the circumstances of the case, self-defense is a valid defense. However, you need to prove that your actions were only in self-defense or in defense of your children.
- Your actions were unintentional – It is not uncommon for accusers in a divorce case to base their family violence case on unintentional or accidental acts. Where the action that resulted in the domestic violence charge was unintentional, you can successfully defend yourself in court.
Family Violence Lawyer in Plano
A family violence accusation is a serious charge with potentially life-changing consequences. Like any other criminal charge, you need to defend your rights even when the allegations are false. It is crucial to understand your rights and how to defend yourself, including avoiding making costly mistakes when dealing with allegations of family violence. A knowledgeable and experienced Plano family violence defense attorney can help you and potentially get your family violence charge dismissed. Contact The Fox Firm today to schedule a consultation at no cost to you.