False accusations of domestic violence in Queen City are far more common than you might think. And if false claims have been made against you, you must take steps to defend yourself.
If convicted, you face harsh penalties in addition to the overall negative impact on your life. Here are some ways someone can refute false allegations of domestic violence in Cincinnati.
First, Ohio’s Domestic Violence Laws
Under Ohio law, a person can be charged with domestic violence when they commit violence or threaten violence against a household or family member. Some common incidents of domestic violence include:
- Threatening a family member
- Causing a family member to be in fear of a physical attack
- Physically causing harm to a family or household member
Many people falsely accused of domestic violence are unsure whether the individual who accused them has the right to do so. In Ohio, your family and household members may include:
- Someone you’ve lived with over the last five years
- Your child
- Your parents or foster parents
- Your spouse or former spouse
- Any romantic partners
- The parents of your spouse, former spouse, or romantic partner
- The children of your spouse, former spouse, or romantic partner
- Any of your spouse, former spouse, or romantic partners family members
When Do False Domestic Violence Claims Happen?
It seems unfathomable that someone might falsely accuse another of domestic violence. But these allegations occur way too often. Some everyday situations in which a person might falsely accuse another of domestic violence include:
- Your partner is trying to win custody of your shared children
- Get back at their spouse for filing for divorce
- Obtain possession of your property or home
- Get you out of your romantic partner’s life
These are only a few of the reasons why someone may make false allegations of domestic violence against you. If you suspect that a family or household member has made false allegations against you, you need to take steps to protect yourself.
Here’s What to Do If You’re Falsely Accused
When facing false accusations of domestic violence, you must handle your case very carefully. As soon as you suspect that a family or household member may make claims against you, there are specific steps you can take, such as:
- Confiding in your close friends or family
- Documenting your suspicions
- Obtaining a legal representative
If a restraining order has been filed against you, you mustn’t break it. Doing so could have a dramatic impact on your case.
Follow the court’s orders carefully. You may even need to show them that you are a good parent to your children. This may include passing drug or alcohol tests or completing court-ordered anger management, for example.
Most importantly, you must remain calm. If you go into court angry and emotional about what happened, the court may not look kindly on your case. Remain level-headed and trust that your attorney will help you get through these tough times.
Penalties for a Domestic Violence
When you face domestic violence allegations, it is more than someone claiming that you hurt them. You could be convicted of a crime.
Depending on the details, there are various penalties that you could be facing, such as
- Fines as high as $10,000
- As much as three years in prison
- Community service
- Completion of anger management courses
- Completion of drugs or alcohol treatment
- Loss of child custody
In addition to your criminal penalties, your entire life could be affected by domestic violence allegations. Your personal and professional reputations could be destroyed. For this reason, you must take action to clear your name.
Defending Against False Domestic Violence Accusations
If you hope to prove that you are not guilty of false domestic violence accusations against you, you need a defense strategy.
Based on your situation, you may be able to:
- Show that the incident did not involve any physical violence or abuse
- Showing that the incident did not include threats of harm or violence
- Argue that you acted in self-defense
- Argue that you were acting in defense of your children or someone else
- Demonstrate that the alleged victim’s injuries were self-inflicted
These are only a few of the potential defenses that could help you clear your name of the false allegations against you. After reviewing the details of your case, an experienced attorney will have a better idea of which defense strategy is most likely to produce a favorable outcome.
Contact a Cincinnati Defense Lawyer Today
When you learn that a family member has made false allegations of domestic violence against you, it is imperative to protect yourself, your reputation, and your future.
Reach out to an experienced Cincinnati domestic violence attorney at Luftman, Heck & Associates, to schedule your free, confidential consultation. Complete our online contact form or call 513-338-1890 to get started.