Is It Illegal to Wrongfully Accuse Someone of Domestic Violence in California?

In the United States, domestic violence hotlines receive over 19,000 calls nationwide reporting domestic crimes on a typical day. Actual domestic violence cases are not a foreign topic in California. However, many instances of false domestic violence accusations may result in a misdemeanor charge for the Californian accuser. People use false allegations to leverage a benefit in custody battles, revenge plots, misunderstandings, or other intents. Facing false accusations can be terrifying, but a skilled lawyer may be able to build a strong defense and prove your innocence. 

Being wrongfully accused of a crime, particularly in domestic violence cases, causes varying damages for the individual, such as penalties and challenges in their daily life. At Aron Law Firm, if you are wrongfully accused of a crime, our legal team works to prevent a wrongful conviction and acts fast to limit the adverse effects of false accusations on your life. 

Is Lying About Domestic Violence a Crime in California?

Creating a false police report in California has consequences upon discovering an accuser’s lie. If an accuser makes a false statement by knowingly accusing someone of a crime, it may lead to their own guilty verdict and a misdemeanor on their record. Making false allegations against someone may also result in a lawsuit for slander, and lying under oath in a courtroom may lead the accuser to be penalized for committing perjury. 

Under California law statute 148.5:

“…Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor…”

Being a victim of false accusations is not uncommon. Unfortunately, many people face trouble with the law from bad relationships, custody battles, and other situations that provoke people to retaliate against another person. Domestic violence accusations are taken seriously, but if you have been falsely accused, a skilled California criminal defense lawyer can partner with you in your journey to be proven innocent. 

How Will My Lawyer Defend Me if I am Falsely Accused of Domestic Violence?

The penalties for domestic violence convictions often vary between misdemeanor and felony charges, depending on the circumstances. Domestic violence accusations are not taken lightly, and law enforcement takes action to dissipate any violent situations when they arise. Cases of untrue claims against an individual may result in a wrongful conviction.

Defenses you may have in a false accusation case include:

• The accuser uses false claims to leverage an advantage or favorable outcome on their side of a divorce, separation, or child custody case.
• The accuser is motivated by revenge to make false domestic violence allegations and intentionally harm or retaliate against you.
• You were not the perpetrator of violence and may have been the victim.
• You did not commit any violent physical or verbal acts towards another person.

If you face legal trouble because of false accusations of domestic violence, a skilled lawyer will help you gather evidence and refute the wrongful testimony used against you. Depending on the circumstances surrounding the incident, there may be different reasons false allegations are made. After an arrest, practicing your right to remain silent, speak with a lawyer, and obtain legal representation immediately is essential. The sooner we get a hold of your case, the faster we will review the details and take action. At Aron Law Firm, our legal team works diligently to refute any false statements, witnesses, evidence, and other pertinent details in a case. An experienced criminal defense attorney is crucial to protecting your rights and best interests.

What Evidence Do You Need if You Are Wrongfully Accused of Domestic Violence?

Being wrongfully accused of domestic violence is a serious and stressful situation that can have significant legal, personal, and social consequences. To defend yourself effectively, gathering and presenting the right evidence is crucial. Here’s a detailed guide on the types of evidence that can help prove your innocence if you are facing such accusations.

Physical Evidence

Physical evidence can be critical in disproving false allegations of domestic violence. This type of evidence includes:

• Photographs and Videos: Any visual evidence showing the condition of both you and the alleged victim before, during, or after the alleged incident can be crucial. Photos of injuries, or the lack thereof, can help establish the truth.
• Medical Records: Documentation from healthcare providers can demonstrate that the alleged victim did not seek medical treatment for injuries consistent with their claims or that you have no injuries consistent with being the aggressor.
• Damage Reports: Reports of property damage or lack thereof can also support your case. If the alleged victim claims the property was destroyed, evidence that no such damage occurred can be beneficial.

Being wrongfully accused of domestic violence is a serious matter that requires a well-prepared defense. Collecting comprehensive evidence is crucial for demonstrating your innocence. 

Witness Testimonies

Witnesses who can testify to your behavior and character, as well as the events in question, can be pivotal in your defense:

• Eyewitnesses: Neighbors, friends, or family members who were present during the alleged incident and can attest to what actually happened.
• Character Witnesses: People who can speak to your general behavior, personality, and past interactions, providing a broader context that counters the allegations.
• Professional Witnesses: If applicable, therapists, counselors, or other professionals who can testify to your non-violent behavior and history.

An attorney works on your behalf to obtain the best possible witness statements for your case.

Communication Records

Records of communication between you and the alleged victim can provide context and evidence that may contradict their claims:

• Text Messages and Emails: Conversations that show no signs of conflict, threats, or abuse can be helpful. Conversely, messages that reveal a motive for false allegations, such as a custody battle or personal vendetta, can also be crucial.
• Social Media Posts: Posts, comments, or messages on social media platforms that contradict the alleged victim’s claims or show normal, non-violent interactions.
• Phone Records: Call logs and voicemail messages that can provide a timeline of events and indicate the nature of communications between you and the alleged victim.

False imprisonment is a serious issue, which is why it’s crucial to have an attorney who is as determined as you are to prove your innocence. 

Alibi Evidence

Establishing an alibi can be one of the most effective ways to prove your innocence:

• Receipts and Financial Records: Proof of transactions that place you away from the scene of the alleged incident at the time it occurred.
• GPS Data: Location data from your phone or car that shows you were not present at the time of the alleged incident.
• Witnesses: Individuals who can testify that you were with them at the time the alleged incident took place.

Fake allegations can have a serious impact on someone’s life. Having a strong attorney at your side means you have the best chance of obtaining a fair outcome for your case. 

Surveillance Footage

If available, video footage from security cameras, nearby businesses, or street cameras can provide objective evidence of your whereabouts and actions during the time of the alleged incident. This type of evidence can be particularly compelling in court.

Legal Documents

Certain legal documents can also be instrumental in your defense:

• Protection Orders: Any existing protection orders, their terms, and your compliance with them.
• Custody Agreements: Documents related to custody or divorce proceedings that might provide context for why false allegations could be made.

Working closely with an experienced attorney can help ensure that all pertinent evidence is gathered and presented effectively in court. By meticulously building your case, you can better protect your rights and work towards clearing your name of false accusations.

Call Aron Law Firm for a Skilled Criminal Defense Lawyer to Represent You in a Domestic Violence Case

If you are falsely accused of domestic violence, speak with an experienced lawyer as soon as possible to initiate a plan of action for a better outcome. Attempting to handle these cases alone, especially as the accused in a criminal case, may leave you with few options against the prosecution. Facing a false accusation can be terrifying, feeling like your accuser’s story will be believed over yourself. Fortunately, the legal process is innocent until proven guilty.  

At Aron Law Firm, we understand that every case of false domestic violence allegations is unique. We listen to your experience to evaluate the next best course of action for a better future. Our domestic violence lawyer understands California law and may present skilled defense strategies and legal resources, resulting in reduced or lessened charges. To put your best foot forward and take action to secure your innocence, complete a contact form or call our office at (805) 618-1768.

• Category: Criminal Defense