False Accusations in Virginia Domestic Violence Cases
Scrofano Law PC is dedicated to fighting false accusations in Virginia domestic violence cases. Our experienced attorneys will help protect your rights and defend your reputation.
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How Can False Accusations Affect Domestic Violence Cases?
A domestic violence conviction can affect your future in several ways. It is more devastating when you are a victim of false accusations.
Domestic violence is a form of assault and battery in Virginia. It includes physical violence or threats that cause the victim physical injury or fear of harm. It may occur as punching, slapping, throwing, or violent threats.
A romantic partner, spouse, or sibling may falsely accuse you of domestic violence. This may create a problematic situation for you, considering your relationship with them. It is important that you do not remain silent since silence will not make the charges go away.
Consulting a domestic violence attorney is essential if you were falsely accused of domestic violence.
Typical Reasons for Making False Statements in Domestic Violence Cases
False statements or accusations are made for various reasons, including:
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Jealousy or anger: After a breakup or divorce, your partner may be resentful towards you. They may decide to use false accusations to hurt your feelings. This is especially true if you have moved on to a new partner.
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As legal leverage: False statements can be made by spouses during child custody battles or property separation disputes in order to gain a legal advantage. A domestic violence conviction will affect your chances of securing the custody of your child. A lawyer can assist you in handling the case swiftly.
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To take revenge: You might be falsely accused of domestic violence by your child or your partner for denying them a request. Speaking up and defending yourself is important regardless of why you were accused.
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To get attention: It is not uncommon for an ex-partner who wants attention to make the accusation. The accusation is believed to be a surefire way to get your attention.
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Mental illness: A spouse or child with a mental illness may falsely believe domestic violence is happening. Their paranoia may lead them to make false accusations against you.
What Should You Do When You Are Falsely Accused of Domestic Violence?
The best way to protect yourself against false accusations is to take certain measures. When you’re present at a scene where a dispute is ongoing, refrain from getting involved. It includes hitting, arguing, or screaming. You should call a police officer and inform them of the domestic dispute situation.
Taking as many photographs and videos to prove your innocence is also a good idea. These photographs and videos will serve as evidence of what transpired between the parties. Courts look at the evidence when defending a domestic violence accusation.
A domestic violence lawyer will present the evidence in court on your behalf. If the evidence does not corroborate the story of the alleged victim or it discredits their testimony, the false accusation will fail, and the court will dismiss the case.
What Are the Consequences of a Domestic Violence Charge in Virginia?
Under Virginia law, your criminal record will determine if your offense is a felony or misdemeanor. Domestic violence as a first offense is a Class 1 misdemeanor. It carries up to one-year imprisonment, $2,500 in fines, or both.
A third offense within twenty years involving malicious wounding, strangulation, or bodily injury is a Class 6 felony. The punishment for a conviction is up to five years imprisonment, $2,500 in fines, or both.
Some other consequences that come with a domestic violence conviction are:
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A permanent criminal record
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Humiliation from families and friends
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Loss of employment
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Loss of future business or career opportunities
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Loss of professional license
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Loss of educational opportunities
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Loss of child custody rights
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Loss of driving privileges
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Loss of the right to vote (if convicted of a felony)
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Loss of the right to run for public office
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Loss of the opportunity to serve in the armed services
Is There Any Recourse for Victims of False Accusations?
There are many ways in which false accusations can harm your life. An accusation of domestic violence may tarnish your reputation and cause you to lose your job. So, it’s only natural that you’d wonder if any remedies are available to you.
If you were falsely accused, you may bring a defamation claim against your accuser. A defamation lawsuit may be filed against anyone under Virginia law. There are, however, certain elements that need to be met in order for you to file a defamation lawsuit. One of them includes showing that the false accusation resulted in serious harm. Filing a civil suit against your accuser may result in compensatory damages for false accusations.
Additionally, intentionally giving false information to police about the commission of any crime is a Class 1 misdemeanor. An accuser may be prosecuted for a Class 1 misdemeanor, which is the most serious type of misdemeanor. The maximum punishment for this misdemeanor is one year in jail, $2500 in fines, or both.
Types of Evidence to Prove Domestic Violence Accusations Are False
Evidence is vital in domestic violence cases. Therefore, you must adequately document all evidence relating to your case. The common types of evidence presented in domestic violence cases include:
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Body camera footage from police officers
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CCTV or surveillance footage
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Emails and text messages from the victim
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Forensic evidence (if necessary)
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Medical report showing the alleged victim is in good health
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Police report
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Phone records
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Photographs
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Social media posts and activities
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Witness statements
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Verbal evidence of threats from the alleged victim
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Video recordings
Contacting a Legal Professional From Scrofano Law, PC
A false accusation can be very difficult to deal with, especially if it is made by someone you love. If you believe you have been falsely accused of domestic violence in Virginia, contact Jay P. Mykytiuk of Scrofano Law PC. As your criminal defense attorneys, we will apply a comprehensive understanding of criminal law in representing you.
We are familiar with domestic violence laws and criminal charges in Virginia. We can thoroughly investigate your case and gather evidence to prove your innocence. We can prove you’re innocence even when the accuser files a protective order against you.
Furthermore, if you were actually the victim, we can demonstrate that the accused abused you or that you defended yourself. We understand the unique complexities of domestic violence cases and will fight for your rights in court. Our experienced attorneys strive to obtain the best possible outcome for your case. We will work hard to protect your rights and future.
We can analyze the police report, confirm alibis, and collect witness statements. We can also question the accuser to find out the truth. We can also hire expert witnesses to explain certain pieces of evidence provided by the accuser. Our lawyers can show that the accuser’s injuries were not caused by the accused.
Contact us today to discuss your case with one of our lawyers.
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Gretchen has all the skills to get the job done - former prosecutor, serious jury trial experience, and compassion and skill for days. I would not hesitate to hire her as my lawyer.
If I could give her 100 stars I would. I put my complete trust in her, and she did not let me down. Her results exceeded my expectations. You need this woman on your side if you ever find yourself in trouble.
10 years ago, Gretchen Taylor saved my life. I was facing a serious, felony drug charge that was based on nothing besides the text messages of a former friend and other hearsay. I was 19 at the time, uneducated and uninformed of my rights, and terrified at what was unfolding.
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Adding to her surprise more was that there was quite literally nothing in the discovery file — the state had no physical evidence against me and used my ignorance of the system against me, hoping to coerce a confession from me and helping them with an investigation that was very far removed from my current lifestyle.
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