False domestic violence accusations are not only harmful to those accused, but genuine victims of domestic abuse. False claims can undermine those facing violence on a daily basis, while destroying the lives of those who are wrongly accused. If you’ve been falsely accused of domestic abuse, you can seek legal help.
As a trusted family law firm in Leicester, we want to make it clear that we take the domestic abuse cases that we work on very seriously. In no way do we assume that accusations of sustained domestic violence are false. However, we are aware that hundreds of false domestic violence accusations are made in the UK, including Leicester, every year.
Why are False Domestic Violence Accusations Made?
Most false domestic violence allegations are made out of fear or malice. If made out of fear, it’s usually because that person is scared of losing the kids, the house or something else following a relationship breakdown. It’s not necessarily ill-intended, it’s a reactive response and a means of trying to take control.
Then there are some who will make the accusation out of malice and spite. Statistically, most false claims are made by women who are often trying to stop fathers from seeing their children, among other things.
Either way, a false domestic violence accusation can be extremely traumatic for the accused and has the potential to ruin lives.
The Trauma of a False Domestic Abuse Allegation
If a person reports domestic abuse, the police will often arrest the individual suspected. This can be at home, in full view of your children and the neighbours, causing humiliation. You would then be interviewed under caution and your DNA would be taken and kept on file.
You could end up in court and worse still, get a criminal conviction and time in prison. One false report to the police can have far reaching consequences for you if you’re accused.
Alternatively, the alleged victim may apply for a Non-Molestation Order.
How Can You Protect Yourself Against a False Accusation?
To protect yourself against a false domestic violence allegation, you need to understand your rights. You should seek legal advice as you may be advised to defend such allegations. This is where Holland Family Law Leicester can step in and support you.
Understand that if you do not seek legal advice, you may leave yourself open to potential future problems. It’s a misconception to think that waiving your right to legal advice presents you as ‘innocent’ or that having legal representation makes you ‘guilty.’
Seeking legal advice is sensible, especially given the seriousness of a domestic abuse allegation.
When instructing Holland Family Law, you can expect a compassionate, non-judgemental approach to your case. In tackling domestic abuse accusations made against you, we’re here to listen, understand and advise you on how to proceed.
From the outset, it’s very important that there’s honesty between us. You need to be truthful about your situation, which will allow us to give you an honest assessment of how we can help to clear your name.
In trusting each other, we’re better able to help you challenge domestic violence allegations made against you.
Managing the Process
If the person accusing you decides to pursue the allegation, they may apply for a Non-Molestation Order, which is their detailed statement of the allegations they are making. This document is submitted to the court, which will fix a hearing date.
We can help you prepare a statement in response to the allegations and review the statement made by your accuser. Your statement will also be sent to the court.
At this point, you have two options:
- You can agree to provide an undertaking, which states that you will not harass, intimidate or threaten the person accusing you. This is legally binding and has huge ramifications if breached.However, it’s important to understand that agreeing to this is not an admission of guilt. The purpose of an undertaking is to avoid your case going to court.
- You can defend yourself against the allegations and ask the judge to rule that the accusations are false. In this scenario, you and your accuser would have to attend court. A judge will then rule whether the accusations are true or false.
Fighting the case is no guarantee that you will be cleared of the allegations made against you, so whether you decide on an undertaking or a court appearance is a big decision to make.
Whatever action you decide to take, you can expect us to help you manage the process and the emotions of the case. In either situation, it’s hugely important that you remain calm and collected, always sticking to the truth, and avoiding angry outbursts, even if lies are told about you.
The Holland Family Law team has helped many people falsely accused of domestic abuse and we offer more than legal representation. We’re your confidante, a listening ear and an outlet for your fears and anxieties. We help to keep you calm in the face of false claims.