What To Do When You’re Falsely Accused of Domestic Violence

According to the National Coalition Against Domestic Violence, over 20,000 calls are placed every day with national domestic abuse hotlines. Domestic abuse is a serious crime that affects lives, but so too, can false allegations of domestic abuse.

In today's society—one that is increasingly faced with a need for instant gratification, there is little hope for “innocent until proven guilty”. False charges quickly spiral into how they are seen at face value. The “cancel” culture of social media gets swept up in this as well--the flip side of believing every allegation of abuse is the ugly truth that not all of these allegations are true. Even in recent news, the rising allegations against both Johnny Depp and Amber Heard have people scratching their heads and wondering if both actors’ claims can be true.

While the average person won’t have to face backlash in the media the way celebrities may, accusations of domestic violence can severely impact a person’s relationships with friends and family and can even negatively impact someone’s educational or job prospects.

If you or someone you know has been falsely accused of domestic violence, it’s important to know your rights and what steps you can take to protect them. An experienced criminal defense attorney has the expertise and knowledge to protect you and explain all your options to you.

Remember Your Rights to Remain Silent

One of the most important rights of anyone facing charges is your 5th Amendment rights. Under the 5th Amendment, you are guaranteed the right to a grand jury and requires that the “due process of law” is followed. The 5th Amendment also protects individuals against self-incrimination. Self-incrimination can be made voluntarily or as a result of interrogation. In either case, it can be used against you if your case gets taken to court.

Legally, police cannot interrogate you until they’ve given you your Miranda warnings. Under the Miranda ruling of 1966, you always have the right to remain silent, the right to consult with an attorney and to have an attorney present during questioning, and the right to have an attorney appointed if indignant. If you’re taken into custody or charged with domestic violence, exercise your Miranda rights and demand your attorney be present before speaking.

Do Not Breach Any Restraining Order

In criminal defense cases such as domestic violence, it's important to note that a restraining order could be filed. While it can be frustrating to have to follow a restraining order, especially when it’s against your own children or people you care about, cooperating with the court system and law will show that you are willing to do what you need to do to get your charges dropped.

Seek Legal Advice

If you’ve been accused of domestic violence you know how serious the consequences can be, regardless of whether the claims are true or false. False accusations of any crime can impact future prospects and if restraining orders are filed, you could even lose custody of your children. Jail time, losing your job, and your reputation being ruined forever are only some of the consequences of being accused of domestic violence.

Hiring the right attorney can help you see light and ease your burden during this stressful time. Sarah Toney has been proudly serving clients throughout the Chicagoland area for years. Backed by years of legal knowledge and first-hand trial experience, she has easily become a stand-out attorney in her field.

The Toney Law Firm will not take an accuser’s words at face value. Instead, we will gather all the evidence and work to prove your innocence. Take prompt action and contact our legal team today for a consultation at (888) 473-4058.

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