Has your ex made false allegations against you?

It’s common for tensions to run high during a divorce. Many couples argue and behave in underhanded ways to deal with the difficulty they’re having with the end of their relationship. It’s stressful and unfortunate, but eventually, things calm down and ex-spouses move on.

But unfortunately, in some cases, hard feelings lead to false criminal accusations. A former spouse bitter about their situation might lash out and accuse their significant other of any number of crimes, including domestic abuse or neglect or financial crimes. Their goal might also be to discredit their partner to curry favor from the divorce court.

Regardless of why your former spouse is lashing out against you, it’s important to seek legal support. What should you do if your ex falsely accuses you of doing something illegal?

Defend Yourself

It’s tempting to not take your ex seriously when they say something untrue about you. Chances are you’ve heard a few things from them as your relationship was breaking down that revealed their thoughts and feelings.

But if they’re taking their accusations to the court, your situation has risen to a different level of concern. The best thing you can do is deal with the accusations directly, regardless of whether they are true or not. Even if there is some truth to the accusation, you need to clearly explain the situation and make sure the court knows your version of the event in question.

This doesn’t mean to get into an argument with your ex. Do not exacerbate the situation or “take the bait” they might be offering. You can ignore their words as they say them, but you can’t ignore the overall situation, especially if they’ve involved law enforcement or the court.

You and your attorney can discuss the specifics of the situation and decide how to proceed. The important thing to know is that you shouldn’t ignore the accusations and assume nothing will come of them if the court is involved.

Gather Evidence and Build Your Defense

If there is anything that can prove your accusations wrong – documents, emails or texts, witnesses, etc. – you’ll want to share that information with your attorney. The more tools you use to show that your ex is lying the stronger your defense.

This is true even if there is a bit of truth to the accusations. Acknowledge the truthful aspects of the accusations, but show proof that the overall accusation is untruthful.

You don’t want to defend against a lie with another lie. Even if some part of the accusation shows you in a poor light, you’re better off being honest about the situation.

Trust Your Attorney If Your Ex Has Made False Allegations

An experienced attorney is your greatest asset during a divorce. This is even more so the case if your spouse has levied criminal accusations against you. Depending on the extent of the accusations and whether law enforcement is involved, you might need to bring a criminal attorney onto your team, as well.

Every situation is unique. If your ex has no evidence to support their claims against you, it might be easy to refute their accusation and move on. However, these situations tend to be personal and complicated. You must comply with court orders, even if they are based on false allegations. Your attorney can help you sort through the details of your situation and determine the best way to respond.

If your spouse has made false criminal allegations against you, David Lindsey can help. For more information or to schedule a consultation, contact David to learn more.

If you have been falsely accused of domestic violence, your answer to this question is a resounding “yes.” There are instances in which one person accuses another of a violent act that never occurred and as a result, the accused must fight a long and difficult legal battle to clear his or her name. The likelihood of incidences like this increasing is high as more and more ill-intended people realize they gain a great deal of power by accusing someone of domestic violence. Not only does this hurt the accused, it muddies the waters for legitimate victims and their cases.

If you are involved in a less-than-perfect relationship or you have a history of volatile incidents with a former partner, the current attention being paid to domestic violence could ultimately have an effect on you, especially if your partner or former partner decides to take advantage of the current trend. How so?

Closer Scrutiny of Every Case

Any claim made by your accuser is going to lead to extreme scrutiny of the situation. Law enforcement does not want to be accused of letting anything slide, so you can expect a full investigation, even if an event is minor or fabricated. The case might go nowhere, but the intrusive investigation could have a major impact life as you know it.

Acceptable for Your Employer to Take Action

There was a time when issues in the home stayed in the home and had no effect on a person’s professional life. It’s true – people should be held accountable for the mistakes they make, especially if those mistakes jeopardize another person’s safety. Unfortunately, employers are taking action at the mere hint of problems. If someone in your life levies false accusations of domestic violence, it could affect your job. And even if you are able to clear your name and be reinstated, you are surrounded by a dark cloud of suspicion and viewed as someone whose at-home life has interfered with his or her work life.

You Could End Up the Example

What if in the heat of an argument things get out of control and a minor incident does occur? You might be defending yourself or trying to escape a situation, but your partner chooses to pin the wrongdoing on you. And what if everyone handling your case decides to make you the example? There are many what-ifs in this scenario, but you never know whether you will be the one used by law enforcement and the judicial system to set a standard and drive a lesson home for future perpetrators.

If you have been accused of domestic violence you need to act fast. In no time at all people will be changing their opinions of you and your life could end up in a shambles. You need an attorney on your side who understands domestic violence laws and knows how the system works. Furthermore, your attorney needs to have a grasp on current events and how they could affect your case.

David Lindsey is that attorney. Contact him to learn more about domestic violence accusations and to get the help you need to defend your rights and protect your good name.

Violence in the home must be taken seriously, but unfortunately, there are those out there that will use our current heightened awareness of domestic violence against family members and significant others. An accuser might mistake behavior as threatening or violent or might act with nefarious intentions, using accusations to destroy the life of the accused. Unfortunately, despite the necessity to view domestic violence as a serious issue, there are people willing to use the issue manipulatively or vengefully.

What are three things you need to do immediately if you are falsely accused of domestic violence?

End Time Alone with Your Accuser

If possible, cease all interaction with your accuser. If this is impossible – and often it is bring a trusted third party with you or meet in a very public location where you know other people will be present. Your goal is to have a witness at all times when you are interacting with your accuser. If you must meet with an ex to transfer children from one location to another, do not use your child or children as the witness.

Keep Your Cool

Chances are your accuser will do everything in his or her power to make you lose your temper. If you have been falsely accused of domestic violence and your accuser knows how to push your buttons, he or she will try to anger you while others are around. This enables him or her to point to your actions and say you have an anger problem without anyone ever needing to witness physical contact. No matter what, maintain your composure at all times. Giving the court any reason to believe you are short-tempered works against you.

Seek Legal Advice

Finally, find an attorney with experience dealing with false allegations of domestic violence. He or she will understand the complexity of your situation and be able to build a case in your favor. Do not speak to anyone about the accusations without your attorney present and contact your attorney immediately if you are approached by law enforcement. As frustrating and unfair as it is, you must do all you can to defend your reputation and right to fair judgment.

If you are facing accusations of domestic violence, David Lindsey can help. He has experience working with those falsely accused of domestic violence and he understands how important it is to take accusations seriously. Contact him to schedule a consultation to discuss your case.

Source: http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

Opinions about domestic violence are beginning to change, as more and more people speak up about the issue. Unfortunately, if something you do is perceived as domestic violence even when it is not, or you make a single mistake after a lifetime of living in a peaceful home, it can have a profound effect on your future and your freedom.

This shift will result in greater protections for victims of domestic violence and will hopefully create an environment in which abuse in the home is completely unacceptable, but if you find yourself on the wrong end of accusations, you can expect your suffering to be fairly significant. This is especially frightening for those falsely accused of violent actions toward a loved one.

What are some of the most disruptive effects of a domestic violence charge?

• Obviously, if you are charged with domestic violence, you can go to jail and face serious fines. The charges will also become part of your criminal record. In most cases, a domestic violence conviction results in a first degree misdemeanor. Perpetrators might also spend months in jail. Anything in your life – your ability to find a job, your access to various freedoms, your personal life – that is affected by a criminal conviction is affected in the same way by a domestic violence incident.

• A domestic violence conviction also affects your ability to spend time with your children. If you are in the process of divorcing your spouse, accusations of domestic violence will significantly impact your custody arrangement. If you are trying to alter an existing custody arrangement or you are hoping to enjoy unsupervised visits with you children, domestic violence will eliminate the possibility of these things occurring any time in the near future. If your child custody arrangement is altered, it will not be in your favor.

• Your significant other can request a protective order that affects your ability to enter your home. Protective orders can have a dramatic effect on your daily comings and goings. The burden is on your to ensure you stay within the restrictions of the protective order.

Have you been accused of domestic violence? You need to take action quickly. A domestic violence conviction can severely alter your life, so you need to do all you can to protect yourself against these charges. To learn more or to schedule a consultation, contact David Lindsey, Denver criminal law attorney

Take Staking Charges Seriously

Stalking is an extremely serious charge. It is illegal in all 50 states and can result in a felony or misdemeanor charge. When the court is determining whether or not a person is guilty of stalking, they will examine a number of different things. If any of the following has occurred, stalking could be charged:

• Driving past the person’s home, school, or place of employment
• Following the person
• Monitoring the person’s communication via social networking, computer, or cell phone
• Sending unwanted messages or gifts
• Placing a tracking device on the person’s vehicle without his or her permission
• Secretly taking video footage or photographs of the person
• Gathering information about the person even if the information is a matter of public record
• Contacting the person’s friends, neighbors, co-workers, or family members
• Threatening to hurt the person, or his or her friends, family, and other loved ones
• Damaging the person’s property

Felony stalking charges require escalated behavior, including:

• Second charges of stalking
• Stalking in conjunction with another offense
• Stalking after a restraining order or order of protection
• Stalking with threat to harm
• Stalking that causes serious emotional distress

Obviously, if you are committing any of these actions regarding your ex, you need to stop immediately. If you believe you are not guilty of these actions or anything perceived as stalking, but your ex has made it clear he or she does not want to be near you, it is important to take this request seriously. Despite what you think, a charge of stalking could be levied against you.

It is also important to realize that a spiteful ex could lure you into stalking. If your ex is seeking revenge, he or she might attempt contact with you, but lie to law enforcement and say you initiated the contact. If you are going through a bad breakup, you are better off ignoring any requests to spend time alone with the person. If you must get together, do so in a public location and bring a neutral party with you. Also make a note of the date, time, and discussion during the meeting. You might even consider videotaping the meeting if you think it will later cause a problem.

Your Defense

Stalking charges must be proven beyond a reasonable doubt. If your ex is proven to be dishonest or to have intentionally created a misleading situation, your attorney can use that to build your case. Likewise, if there were extenuating circumstances regarding your proximity to your ex and he or she misinterpreted your presence, charges are also unlikely. However, you must do everything you can to protect yourself.

If a bad breakup has escalated into accusations of stalking or domestic violence, take it seriously. Whether you have pushed too hard or if your ex is the one creating problems, you need the protection of an attorney. Contact David Lindsey, Denver criminal law attorney to schedule a free consultation to discuss the specifics of your situation.