False accusation of domestic violence is very common these days. This is destructive to everyone involved. You may be put in jail and have public records of domestic violence, potentially loosing custody of a child, losing a job, professional licenses, etc. False accusations of domestic violence are most of the time utilized as a tool to obtain legal advantages over a divorce/custody case. In many instances a divorcing parent, mostly women, will make a false accusation of domestic violence against the man to gain custody rights over their children and ruining the other parent's life in many ways.
New Jersey Domestic Violence Attorney Joel Silberman1 says about Domestic Violence in New Jersey, “New Jersey takes Domestic Violence very seriously. In fact, all the State’s law enforcement agencies and courts utilize a state wide Domestic Violence Central Registry that provides up to date information on all restraining orders that have been issued in the State. In addition to Criminal consequences, Domestic Violence issues and convictions can often have a detrimental effect on Family Law matters including child custody disputes.”(Ref: The Law Office of Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/domestic-violence/)
If you are falsely accused of domestic violence in New Jersey, you should do the following:
- If you are arrested for a domestic violence case, first thing to do is to retain a domestic violence lawyer who has experience of these types of false abuse cases before. As you only have about 14 days before the evidentiary hearing so contact a domestic violence lawyer immediately. Proper legal advice at right time is pertinent to build an adequate defense in a court of law. Speak with your lawyer about your rights and what you should and should not do when you appear for questioning or court.
- File a request for production of documents obtaining a copy of the accuser complaint/affidavit sworn out against you. This can be used as a reference in case they ever contradict their original statement.
- Never confess to an act you didn't commit, even if it seems more favorable or easy to do so
- at the time. Try to make bail as soon as possible if incarcerated so you can try to mend the relationship and/or gather evidence, witnesses and character references in your defense.
- Take out a mutual DVI against your accuser so that they are not allowed to come near you and to also discourage any further antics.
- If there is a restraining order out against you, be sure to strictly abide by all the terms and conditions. The accusing party will most likely try to get you to break it and cause you to be in violation so you face further legal repercussions. If the other party ever contacts you claiming that they "need" to see you, then keep a written log of their attempt. This will prove to the court that the accuser doesn't believe that they are in any real danger.
Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.
1. Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.
