False allegations of domestic violence are relatively rare, but they do happen.
In this post, we’ll detail reasons why someone might make a false claim of domestic violence, and tell you how an experienced North Carolina criminal attorney can help you fight your charges.
Common Reasons for False Allegations
The most common reasons people make false allegations are to acquire personal benefits. An angry individual may be able to experience financial or other gains if a judge rules against you and in their favor.
These are the most common areas where false allegations of domestic violence are made.
Divorce Cases
If you have a contentious relationship with your soon to be ex-spouse, he or she may make false allegations of domestic violence to retaliate against you. A vindictive spouse may choose to fabricate stories of abuse to make the judge more sympathetic to his or her viewpoint.
Your spouse may seek to get full control over your assets by discrediting you. If your estranged spouse is making false accusations, it’s important that you consult with a knowledgeable lawyer as soon as possible to determine the best course of action.
Custody Cases
In cases that involve children, the other parent could make up stories of you abusing them and/or your children if they are fighting you to win full custody and cut you out of your children’s lives.
An experienced divorce attorney has seen many difficult custody cases and can help you navigate yours with success, even if your estranged spouse has made a false accusation against you.
Property Claims
An individual may make false allegations against you to attempt to acquire your property or assets in a civil case. This type of claim can be made by a child, dating partner, or another person in a state-defined intimate relationship with you as a method to take what is rightfully yours. Since these cases can be complex, it’s best to consult with an experienced lawyer as soon as you suspect foul play.
How an Order of Protection Can Be Used against You
You may have been placed under an order of protection after an allegation of domestic violence was made against you. The order of protection will effectively keep you away from a spouse, dating partner, and/or your children for its duration.
It’s possible that someone could falsely request an order of protection simply to remove you from his or her home and keep you from contacting your children. You can face serious consequences for violating the order of protection terms, which could land you in jail and force you to pay significant fines.
If an order of protection is filed against you, it can severely limit your freedoms. You need to speak with an NC defense attorney as soon as possible if you suspect false allegations led to the issuance of your order of protection.
The Fallout of False Allegations in North Carolina
The problem with false allegations is twofold.
First, they bring about unnecessary and unfair consequences for the individual who has been accused. That’s obvious. If you are innocent of something and you’re being charged with it, that’s just wrong.
The second issue, though, may be even bigger: they muddy the waters around something that is a truly horrific problem in our society. People who make false allegations of domestic violence need to be uncovered and dragged into the light, because their actions make it that much more difficult for real victims to be taken seriously and get the help they need.
