Have You Been Falsely Accused of Domestic Violence?
4 years ago by Justin M. Schiks
False domestic violence charges in Minnesota are not uncommon. This is especially true in cases where a breakup or a divorce is involved and/or where the parties are disputing custody of the minor children. Sometimes there is also an element of revenge involved in filing false domestic violence petitions, and a person may file the charges in an attempt to “get back at” his or her spouse or partner.
Nevertheless, domestic violence charges and convictions are very serious. If you are ultimately convicted of a domestic violence offense, you could be looking at jail time, fines, and other serious penalties. Consequently, when it comes time to defend against your charge, you want an experienced attorney on your side who has handled domestic violence cases before and who knows how best to advocate for you and your legal interests.
The Woodbury, MN order of protection lawyers at JS Defense, PA. could assist you with developing a strong legal defense to your domestic violence charge. Your lawyer can also make sure that your constitutional rights are protected while your criminal case is pending and can work to help you obtain the best possible result in your case – whether that be a dismissal of your charge, a favorable plea deal, or a lighter penalty.
Please call us today at (651) 968-9652 or contact us online to find out more about how we could assist you with defending against your domestic violence charge.
Orders of Protection
When an individual alleges domestic violence, he or she will likely petition the court for an order of protection. For the court to issue an order of protection, the could must believe, based upon the circumstances alleged, that an individual was the victim of domestic violence, harassment, or stalking.
When the court issues an order of protection, the accused will likely be ordered to have no contact with the alleged victim (either in-person or by electronic means). The court might also order the accused to stay away from the couple’s children, pending a hearing. Violating a protective order can have very serious consequences and might even result in new charges being filed against the accused.
Just because a person files a petition for an order of protection does not necessarily mean that the allegations are true. In fact, the petition might include outright lies. When it comes to domestic violence and orders of protection, however, the scales weigh heavily in favor of the alleged victim and against the accused. Consequently, you want an experienced Woodbury, MN order of protection lawyer on your side strongly advocating for your interests.
Common Defenses to False Domestic Violence Accusations
There are several legal defenses that a person might be able to file in response to false accusations of domestic violence. Those potential defenses include all of the following:
- That you were not the individual who committed the act of violence, which you might be able to prove by putting forth a credible alibi
- That the alleged victim was actually the initial aggressor and that you were using a reasonable amount of force against him or her in self-defense
- That the State failed to meet its legal burden of proof beyond a reasonable doubt
- That the police violated your constitutional rights, such as by failing to read you your Miranda rights prior to any custodial interrogation
- That the alleged injuries were accidental, as opposed to intentional
Speak with a Woodbury, MN Order of Protection Lawyer Today
Let the knowledgeable legal team JS Defense, PA., assist you with your domestic violence defense. To schedule a free case evaluation and legal consultation with a Woodbury, MN order of protection attorney, please call us at (651) 968-9652 or contact us online today to find out more.