It’s easy to get falsely accused of domestic violence. As soon as someone puts in a call, the police are usually going to arrest someone.
Sometimes they even arrest the party who put in the call. They’re not necessarily wrong to do so: over half of all violent relationships are characterized by bi-directional violence.
In addition, securing a restraining order and making a false accusation of domestic violence is often a tactical move in family law cases. In addition, male victims of abuse are often the victims of false allegations, as false allegations become a weapon in their partner’s arsenal. 73% of men who experienced female-perpetrated violence report that their partner threatens to make false accusations. 56% of them actually do.
Your very first step should be calling a Houston, TX criminal defense lawyer. Your partner is now powerless to “drop the charges.” We may be able to get your charges dropped or dismissed, but we’ll have to act fast. Do not try to convince the police that you are innocent. You may end up handing them evidence they can use against you.
From there, your job is to keep your head down and avoid giving the other party any evidence to use against you. This means:
- Avoiding contact with your partner. Don’t send letters, texts, emails, or phone calls. Don’t try to “clear up the misunderstanding” or apologize. Do not insult or threaten your partner in any way.
- If you must meet with your partner, say to pick up or drop off children for visitation, do so in a public place, preferably a place where video cameras are present.
- Stay away from your guns. This is a bad time to buy a gun, train with a gun, or practice with a gun.
- Avoid joking with friends or family members about hurting your partner.
- Petition the court for a police escort to enter your home so you may pick up personal items. Gather clothes, your computer, your phone, your toiletries, and your personal records such as your birth certificate, social security card, or bank records. Do not go alone. Get everything, as the local police department will only escort you to do this once. You will usually be given a specific time and date to conduct this business. Do not miss your date!
- Stay off social media.
- Avoid discussing the case with family members or friends. You may be aching to clear your name, but right now the best thing you can do is keep your mouth shut. Say that your lawyer is handling it and nothing else.
- Open your own bank account.
A first offense of domestic assault is a Class A misdemeanor punishable by up to 1 year in jail and up to $4,000 in fines. Subsequent offenses may be charged as felonies. A case may also be charged with a felony if you’ve been accused of choking the complainant, using a deadly weapon, causing serious bodily injury, or engaging in a long-term pattern of family violence against the same victim.
We don’t deny that many people go through tragic situations where they are being abused in their own home. But we exist to help people charged with crimes, and that includes domestic violence.
If you are in trouble, reach out to our law office to get help today.
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