What to Do When You Have Been Falsely Accused of Domestic Violence Charges

Domestic violence is viewed by society and the courts as one of the most serious charges against a criminal defendant. Regardless of whether you are guilty or innocent, mere allegations of domestic violence against you can adversely affect your life and your future.

Though millions of individuals are abused by their spouse or partner every year, unfortunately, some people are disingenuous about such violence and will fabricate stories in order to “get back at” the alleged offender. These allegations are not only hurtful, but undermine those that are true victims of domestic violence. If you have been accused or charged with a domestic violence offense, it is imperative that you contact an experienced domestic violence defense lawyer right away, even if you did nothing wrong.

What is Domestic Violence?

Many people erroneously believe that domestic violence is physical action against a spouse, boyfriend, or girlfriend. However, it is not necessary that the alleged participants be currently involved in a romantic relationship for one to be found guilty of a domestic violence offense, nor is physical action the only cause of domestic violence.

Under California law, domestic violence means: “[A]buse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” The definition also extends to those that are related by blood or marriage, or others that live under the same roof. The definition also includes both physical action and threats of physical action, even if they are not carried out. Domestic violence charges may also extend to:

  • Stalking
  • Mental/psychological abuse
  • Destruction of personal property
  • Stalking
  • Cyberbullying
  • Throwing things toward the victim (even if they do not hit the victim)
  • Sexual abuse

Whether domestic violence charges are charged as misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved, and the associated punishments will range accordingly.

Understanding Domestic Violence Charges

Though unfair, people may accuse individuals of domestic violence for many reasons. Disputes may arise during a divorce, custody hearings regarding children, or just due to day-to-day stress of living under the same roof. If the alleged victim is seeking marital assets in a divorce or seeking custody of marital children, they may believe that domestic violence allegations will help their cause.

However, many domestic violence victims, unfortunately, later recant their testimony or state that they no longer wish to press charges. By this time, it is usually too late. The decision to go forward with domestic violence charges is wholly up to the prosecutor on the case. Since domestic violence allegations are taken so seriously, if charges are pursued, the alleged defendant will require zealous advocacy on their behalf by a knowledgeable criminal defense lawyer.

Experienced Domestic Violence Defense

Being wrongfully accused of something as serious as domestic violence charges can be scary and has the potential to dramatically impact your life. At the Law Office of Vikas Bajaj, APC, Attorney Bajaj is an experienced criminal defense attorney that has helped many clients dismiss or lessen domestic violence charges against them.

With over 15 years of criminal experience, Attorney Bajaj knows how to navigate your criminal allegations from start to finish and will help you arrive at the best possible result. Contact his San Diego office today to learn more about how to protect your criminal record and future.

{ 8 comments… add one }
  • Vanessa L Nickles June 4, 2017, 5:57 am

    case rejected
    paid bail
    missed work
    he gas violent history
    no ohysical evidence
    wabt to rwcover lost wages and bail

  • Lulu July 5, 2017, 9:39 pm

    If I was falsly accused with domestic violence and my soon to be ex wife is doing this so she can keep my son away what can I Do? Also, the money for lawyers is something I no longer have. I had to get one to be able to see my son. Please help.

    • Susan Browning November 7, 2018, 4:48 am

      My husband filed a DVO against me with no proof of the allegation , to win custody

  • Bobby September 17, 2017, 9:36 pm

    Do you practice in ohio

  • Julie soileau October 1, 2017, 2:41 pm

    My son was arrested on a domestic charge which was a lie I have them on recording telling me that the sister of my son’s girlfriend ran up to him got in his face and hit him. He tryed to make her leave him along but wouldn’t.. He has never been arrest for this before hit won’t hit a women his girlfriend hit’s on him and he just walks away..he was walking to my house when the cops picked him up he has Scratch’s on his face but they wouldn’t let him tell them what happen his very sick has a server seizer in the cell had to bring him to the hospital. What can I do with the recording proving his didn’t do nothing.. And it was battery on him first so if he would hit women it would have be self defence cause they say she wouldn’t stop

  • Ahmad Sanders October 12, 2018, 11:31 pm

    I was charged with a DV that the person said they would drop and not take to court even testify if the had to! The accusation he made were false and I ended up taking the plea because he disappeared when it was time for court and stop talking to me? I have text of him baiting me from the beginning. After he received the protective order he became very vindictive and continues to taunt me and post on line in regards to the order. He talks to me through text with venom and then sent me the order I’m one text to show he had it. I’ve calles a few attorneys and they said he’s baiting me and using the order as a weapon. I told the Public defender that he was never scared or threaten by me and didnt hit him or touch him at all. She believes me and said she would be more than happy to trail and fight but my past when I was twenty has Charges so they might try and give me a felony or a strick I didn’t want that so I took the plea and now all this is happening. He was never afraid and in never hit him. He used my past against me because I told him about it he used it to break up with me because I exposed him To his family about his meth addiction and he was seeking revenge For that. Please help I have emails and text of him taunting me and basically belittling me and laughing because of his actions. I don’t want to be responsible for something I haven’t done again. I was younger and afraid to fight then for myself I’m not that person anymore and don’t want to be penalized for my past. Please help.

  • Linda Pearson November 13, 2018, 6:31 pm

    My son was falsley accused of domestic abuse by his ex..she has a personality disorder that we recently found out..she has been spazing out and abusing him..see got into a fight and went to the E.R and lied saying he hit,kicked and choked her..he also put a police report on her and yet they came to our home and locked him up..no marandom rights read..he’s out on bail and may loose his job..this woman has been staying in mental facilities..he never knew her history..what can we do

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