Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
by Colorado Criminal Domestic Violence Defense Lawyer – H. Michael Steinberg
Introduction – Using common sense to prevent the successful allegations of domestic violence is not only intelligent – it is necessary given the fast track, no drop, mandatory arrest policies of Colorado District Attorneys. This Article is intended to assist in that regard.
Domestic Violence Restraining Orders
A restraining order is the most commonly used legal tactic to make a false allegation of domestic violence. If you have reason to believe your partner is about to make a false accusation, it is critical that you act quickly to protect your children, your reputation, your assets, and even your career:
• Get legal advice from a qualified attorney.
• Assemble your valuable papers (birth certificate, car title, legal documents, etc.) so they can’t be stolen by your partner. Place them in a newly-opened safe deposit box or other safe location.
• Open a checking account just in your name so your partner can’t take your money.
• Tell a family member or trusted friend, in case you need to find a place to stay on short notice.
• Change the passwords on your computer, cell phone, and personal bank accounts. Remove external hard drives and other electronic storage devices. Do not leave your cell phone lying around.
• If you have any firearms or other weapons, move them to a secure location away from your home. Do not engage in firearms training or target practice until the situation is resolved.
• Do not send or receive personal emails from your home computer. Use a computer at your office or at the library.
• Avoid any actions that could later be misconstrued in a court of law: ?Do not engage in put-downs or insults, especially in writing or by voice mail or an answering machine.
Do not talk or joke about violence or suicide.
Do not engage in kinky sex or joke about rape.
Do not slap you partner, even if he or she asks you to.
Do not play rough-house with your children.
Do not smash your fist into the wall.
Do not throw the TV remote control.
Do not admit to doing something wrong or apologize for prior actions, either verbally or in writing.
• If your partner has engaged in abusive behavior, promptly obtain a restraining order in advance of your partner taking such action. Once you get the restraining order, change all locks to keep your partner out.
• If you need to see your ex-partner (for example, to exchange your children), do so in a public location, preferably a place with video monitoring.
• If you need to drop off something at your ex-partner’s residence, go with a witness.
• Be sure to document any conversation or incident that could later become a focus of attention in a courtroom.
For many, dealing with a false allegation of domestic violence and its after-effects may be the most difficult challenge that they ever face in their lives. To get through the experience, you will need to obtain good legal advice and follow a series of common sense measures to fend off the accusation.