Personal Injury, Criminal Law, Traffic Violations, and Family Law & Divorce

Why do people file false domestic violence charges?

On Behalf of | Sep 20, 2023 | Domestic Violence

A false domestic violence claim can throw your life into disarray, especially if you didn’t see it coming. Unfortunately, it is not uncommon for someone you once loved, or still do, to falsely accuse you of assaulting them. And if this happens, it is in your best interest that you take steps to avoid the negative consequences that you might face.

Part of your defense strategy following a false domestic violence accusation is establishing your accuser’s motivations.

People make false domestic violence allegations for a variety of reasons. Here are the most common ones:

To gain an upper hand during divorce

It is not uncommon for one party to make false domestic violence allegations to gain legal leverage against the other during divorce, especially where children are involved. In fact, this is one of the main motivations for false domestic violence claims.

Your spouse can make a false domestic violence accusation to shortchange the legal process so the alleged victim can gain the upper hand and win the custody of the children. And unless these false claims are disapproved, you might end up losing custody of your children.

To get revenge

Sometimes, your spouse might falsely accuse you of domestic violence to exact revenge. Perhaps, they are unhappy that you are divorcing them, or unhappy that you appear to be attracted to their friend.

If you are wrongfully accused of domestic violence, do not sit back and do nothing about it. The first step you need to take is to put your evidence together. If there were witnesses, consider taking their statements. CCTV footage can also be handy when giving your side of the story. All in all, knowing your legal rights can help you protect your interests and avoid penalties for a crime you have not committed.