The amount of domestic violence cases reported in the United States has increased significantly in the past few years. For those who suffer from domestic violence, the laws in most states work to protect the victim. This protection seems appropriate for actual occurrences of domestic violence, but what happens when false domestic violence allegations are made?
What You Should Do
According to the domestic violence attorneys at the McConnell Law Firm in Wichita, Kansas, false allegations are more common than many would think, and they come from both men and women. There are several essential things to remember when dealing with such a case.
Do Not Talk About the Case
When facing a domestic violence accusation, the most important thing to remember is to remain silent and not talk about your case unless it is with your trusted domestic violence attorney. Avoid discussing your case’s specific details with friends, on social media platforms, or through texting and phone calls. Anything discussed with friends, family members, colleagues, and others is not necessarily confidential; in the event that they are sworn in to give testimony, these individuals you have discussed your case with will be forced to share any information you may have discussed. Even if the information shared does not display an admittance of guilt, it may be misconstrued and used against you. This is why it is always a good idea not to discuss your case, unless in the company of your domestic violence attorney.
Do Not Contact the Accuser
Although the alleged victim oftentimes is a spouse or significant other, it is crucial not to contact the accuser when dealing with a domestic violence case.
“Generally, there will be a no-contact order with the alleged victim,” said Jonathan W. McConnell, a domestic violence attorney in Wichita, who founded the McConnell Law Firm. “As a condition of their bond, the accused is not to have any contact with the alleged victim in the case which can become problematic while the case is pending.”
Depending on the court, the no-contact order can vary significantly. Perhaps the accused receives a 72-hour no-contact order in a municipal court that prohibits them from contacting the alleged victim for 72 hours but then allows them contact without discussion of the case. In other courts, the no-contact order may last for the duration of the case as a bond condition. In any court, if the victim attempts to contact the alleged victim while the no-contact order is in place, it is still considered a bond violation, and that person could be locked up while the case is pending.
Do Not Acquire New Charges
One of the most dangerous things you can do to complicate your case is acquiring additional criminal charges while your domestic violence case is pending. Defendants who continuously acquire new charges tend to look unfavorable in the court’s eyes and typically find themselves without a favorable case resolution.
This becomes particularly difficult with domestic violence cases when a no-contact order is in place while the case is pending. If the accused attempts to contact the alleged victim to have the case dismissed, they are liable to be charged with witness intimidation or other charges for violating the terms of their bond. In the case that the alleged victim contacts the accused, it is still considered a violation of the no-contact order and can lead to additional charges for the accused. Due to the longevity and severity of domestic violence cases, it is best practice to remain focused and avoid new criminal arrests until your case has been dismissed.
Hire an Experienced Domestic Violence Attorney
Dealing with a domestic violence accusation can prove to be one of the most stressful and confusing times of your life. This is why it’s important to hire an experienced domestic violence attorney to guide you through your case and help navigate the specific bond terms. By hiring a reputable domestic violence attorney like the attorneys at the McConnell Law Firm in Wichita, you will gain help resolving your case in a quick and positive manner.
Have You Been Accused?
If a false domestic violence accusation has been made against you, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different and no conclusions should be drawn without first consulting a domestic violence attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
