×
Menu
Search

What To Do If Falsely Charged with Domestic Violence

Home|Blog|Criminal Defense|What To Do If Falsely Charged with Domestic Violence

Sadly, it is not uncommon for spouses to use fake domestic violence accusations as a tool during divorce to get bigger settlements and full custody (which also can mean a bigger child support check). Even outside of divorce, some people might point the finger at a spouse or partner to avoid admitting their own fault in a domestic dispute. In either situation, false accusations can lead to potentially serious consequences, and you want help from an Ohio criminal defense attorney if you have been falsely charged with domestic violence.

How Ohio Defines Domestic Violence

Ohio Rev. Code Ann., §2919.25 says that domestic violence is purposely or recklessly causing physical harm or merely threatening to harm a member of your family or household. The crime can be considered a misdemeanor or a felony, depending on the extent of the injuries and the circumstances. The punishments can range from 60 days in jail and a fine of $500 to 3 years in prison and a fine of $10,000.

Bogus Domestic Violence Charges Are Not Uncommon

According to the Center for Prosecutor Integrity, 8% of Americans have been falsely accused of domestic violence (that’s 20 million people). Over a quarter of these false accusations were made—you guessed it—during child custody battles. Furthermore, 30-40% of domestic violence charges can not be proven in court.

Your Freedom Could Be At Stake

Even if the charges are complete and utter fiction, you must take them seriously because your freedom could be on the line. The single most important thing you can do is to not say anything to the police and contact a defense lawyer right away. 

Also, do not speak to the accuser directly. If you contact the accuser and even just speak to them calmly and gently, it could be seen as “intimidating the witness,” which is also a crime. Channel your frustration elsewhere, and seek legal help

Help with Evidence

Your lawyer will need to have an open and honest conversation about what happened to best gather evidence in your defense. Tell your attorney who could be potential witnesses. Are there phone records that could help your case? What about GPS data proving your location at a certain time? Is there any security camera footage that could help?

Don’t Lose Hope

You will have the opportunity to present your side of the story. It’s not uncommon for courts to ask for psychological examinations and similar things. Your lawyer will work hard to make sure no stone is left unturned, so you want to have an experienced criminal defense lawyer fighting for you every step of the way. Remember that the law requires the prosecution to prove that you did the acts in question, rather than forcing you to prove you are innocent.

Our Dayton Domestic Violence Defense Lawyers Can Help

The VanNoy Firm has over 20 years of experience defending domestic violence charges. Contact us to schedule a no-cost consultation and get started on your defense strategy.

Categories

Archives

About The Author

Anthony S. VanNoy

Trial Attorney

  • Logo
  • Logo
  • Logo
  • Logo

You May Also Like Other Posts

May 5, 2025

What Kinds of Assets Are Subject to Division in an Ohio Divorce?

Divorce can be an emotionally challenging and legally complex process. One key issue is understanding how assets are divided between spouses. This aspect of divorce plays a critical role in…

Read More
April 21, 2025

How Can Domestic Violence Allegations Impact Your Personal Life?

Domestic violence allegations are serious and can have life-altering consequences. Whether the accusations are grounded in truth or entirely false, the impact can ripple across every aspect of your life.…

Read More
April 8, 2025

What Are Common Defenses for Drug Possession?

Facing drug possession charges can be overwhelming and life-altering. The criminal justice system is complex, and a conviction could impact your future opportunities. However, being charged with drug possession does…

Read More

How Can We Help You?

Make a consultation with our expert team to solve your problems.

Fill out the form below to schedule a consultation.

  • This field is for validation purposes and should be left unchanged.