Falsely Accused of a Domestic Violence Crime

False allegations are somewhat common across all areas of criminal law; however, nowhere are they more common than in the context of domestic violence cases. By definition, domestic violence cases involve two or more people who previously had a close intimate or familial relationship. Too often, when something goes wrong within these relationships, the aggrieved calls the police. The next thing you know, you’ve been falsely accused of a domestic violence crime.

At the Olsinski Law Firm, PLLC, we’ve assembled a dedicated team of Charlotte criminal defense lawyers with specific experience handling domestic violence cases, including those involving completely false allegations. If you’ve been wrongfully arrested for a domestic violence crime, don’t panic—call the Olsinski Law Firm, PLLC, and let us help you get a handle on the situation.

Over the years, there have been several studies analyzing the rate at which people are falsely accused of domestic violence crime. For the most part, these studies suggest that somewhere between 2 percent and 10 percent of all filings are based on fabricated facts. However, this figure is likely much higher. First, these studies only know about a baseless accusation if the alleged victim later comes forward and admits to fabricating the incident. Second, the studies don’t take into account the effect of exaggeration, which is quite common in DV cases. For example, a minor scuffle could technically be a domestic violence assault, but if the victim erroneously claims you used a knife, it would be an aggravated assault.

There is never a good reason for someone to falsely accuse you of a domestic violence crime; however, it still happens with alarming regularity. In our experience as Charlotte domestic violence defense lawyers, people usually make up accusations based on one or more of the following:

Sometimes, people make false accusations out of revenge or anger towards their partner. If they feel hurt or betrayed, for example, in the event of infidelity, they might want to get back at the other person by making them suffer.

During contentious divorces or custody battles, one parent might falsely accuse the other of domestic violence to gain an advantage in court. This can influence custody decisions, often resulting in the accused parent losing access to their children. However, making false allegations is also a crime, which could influence the court’s custody determination as well.

Some individuals may make false accusations to gain attention or sympathy from friends, family, or authorities. They might feel neglected or overlooked and see this as a way to get the support they crave.

False accusations can be a way to manipulate or control a partner. By making these claims, the accuser can exert power over the other person, often making them feel trapped or helpless.

In some cases, mental health problems can lead to false accusations. Conditions such as paranoia, delusions, or severe anxiety might cause someone to believe that abuse is happening, even when it is not.

Friends, family, or even new romantic partners can influence someone to make false accusations. They might encourage the accuser to take drastic steps without fully understanding the situation or the consequences.

Financial incentives can also be a motive. For instance, a person might falsely accuse their partner to receive financial support, alimony, or settlements.

Whatever the reason, there is no excuse to make up criminal charges against another person. However, if you’ve been falsely accused of a domestic violence crime, it is important that you take your case seriously, as the stakes are no different than if you had actually committed the crime. Thus, having an experienced Charlotte criminal defense attorney by your side is imperative to protecting your rights and ensuring a favorable resolution to your case.

If a family member of your former partner recently made a false report of domestic violence against you, sitting back and hoping they don’t show up to court isn’t a defense—it’s a recipe for disaster. Instead, give the situation the seriousness it deserves by calling the Olsinski Law Firm, PLLC, and let’s work together to handle the situation to ensure your future isn’t compromised by the false accusation. To learn more and to schedule a free consultation with a North Carolina criminal defense attorney today, call the Olsinski Law Firm, PLLC, at 704-405-2580. You can also connect with us through our secure online contact form.