False domestic violence accusations are a nightmare scenario for all involved. If you have been accused of domestic abuse, your freedoms and reputation are at risk. Emotions may be running high, but it is important that you handle these charges carefully and strategically in order to protect yourself and your family.
1. Contact A Skilled Domestic Violence Attorney
An experienced criminal defense attorney can help you navigate the legal system and ensure that your rights are protected in light of false domestic violence accusations. They can help you gather evidence and mount a strong defense against the allegations.
2. Comply With Wisconsin’s 72-Hour No-Contact Provision
In Wisconsin, you are required to refrain from contact with the alleged domestic violence victim for 72 hours after a domestic violence arrest. Even if you have been falsely accused, ignoring the no-contact order could result in up to 9 months in jail and/or up to $10,000 in fines.
3. Understand Your Rights
If you have been falsely accused of domestic violence or any other crime, understanding your constitutional rights is critical to navigating the criminal justice system.
First and foremost, you have the right to remain silent. Anything you say can and will be used against you in a court of law, so it is important to consult with an attorney before speaking to law enforcement or the prosecutor.
You also have the right to a fair trial. This means that you are entitled to an attorney, the right to present evidence in your defense, and the right to cross-examine witnesses. If your charges are not dismissed and your case goes to trial, your attorney will ensure that the judge and jury carefully consider all of the evidence (or lack thereof) before handing down an unfair conviction.
4. Gather Evidence
In the wake of a false domestic violence accusation, you and your attorney will gather evidence to support your innocence. Some examples of evidence that may be helpful could include:
- Video or audio recordings of the incident (if available)
- Text messages, emails, or other communications between you and accuser before, during, or after the incident
- Photographs of any injuries sustained by either party during the incident
- Police report, medical reports, or other official documents related to the incident
It is important to preserve and make copies of evidence as soon as possible after you have been accused — or if you think you may be falsely accused in the future.
5. File For A Restraining Order
If your accuser is harassing or threatening you, your attorney can help you file a restraining order to protect you from your accuser and further false accusations.
If you have been falsely accused of domestic violence, contact an experienced domestic violence defense attorney as soon as possible to help preserve your reputation and freedoms.