You have been falsely accused of domestic violence and now you’re unsure what to do. For starters, what is domestic violence? The definition of domestic violence may actually differ depending on the state you live in. For example, in some states, violence against friends – not just members of your family – is considered domestic violence. Knowing how domestic violence is defined in your state is crucial.

This is specifically in reference to United States citizens; however, the same can often be said for other countries as well. For this reason, it is critical that you know what domestic violence laws are in your area. Even a change as simple as who is considered a domestic violence victim can alter the trajectory of your defense.

We’ve compiled a list of tips so you know exactly where to start if you are falsely accused of domestic violence.

#1. Get a Domestic Violence Lawyer!

Our first tip – and the most important – is to get a lawyer. Even if you are innocent, you need to have a lawyer. Specifically, you need a domestic violence lawyer. This is going to be the best person to help you prove your innocence because they know domestic law inside and out. Your lawyer will be able to advise you about the laws in your state, what your best course of action to take will be, and how you should conduct yourself throughout the process.

As “obvious” as this step may seem, many believe that innocence is enough of a defense to go on and, sadly, this isn’t necessarily true. You need someone who knows the law and who can help you build an ironclad defense. Getting a lawyer is key!

Unsure how to find a lawyer? Online resources like FindLaw, Avvo, Justia, and other lawyer directories can help you find a professional lawyer in your area who is specialized in domestic violence law. You can even search for lawyers who will work pro-bono (without charge) if this is something you require.

#2. Stay Calm

Another absolutely essential step if you’ve been falsely accused of domestic violence is keeping a level head. It is imperative you remain calm and follow the instructions of your lawyer, step-by-step. Do not do anything that could be used against you in court. Rash behavior could hurt your overall reputation as well as your defense.

In our society, popular opinion (in regards to domestic violence) often sides with the accuser and not the accused. And, while you know these accusations to be false, this is not necessarily the case for the public at large. For this reason, it is crucial that you do not behave in any manner that could be utilized against you by the opposition. Instead, remain calm, cool, and collected.

If you’re ever unsure of how to respond to a given situation, or if you have questions or fears about what to do, consult your lawyer. They will be able to instruct you on how to move forward, what steps you can expect next, and how you can help build a solid defense for yourself.

#3. Always Follow the Law

Being falsely accused of a domestic violence crime can be frustrating, even downright scary, but you must continue to follow the law no matter what; this includes abiding by any and all restraining orders. Direct proof is not always needed in order to have a restraining order put in place against you, and while you know you have been falsely accused, the judge issuing the restraining order may not.

It is important to remember that you can still be found guilty of violating a restraining order despite being innocent of the initial domestic violence charge(s). It is much better to acknowledge and abide by a restraining order than to put yourself at further risk by breaking it.

This ties in closely with rule #2 as keeping a level head will help you immensely here. Do not make any rash decisions. Lashing out, especially against a restraining order, does nothing but provide the opposition fodder to use against you in court.

#4. Keep Your Story Truthful and Consistent

The more consistent you can keep your story, the better it will hold up in court and the easier it will be to develop a strong case in your defense. A story that’s constantly changing is often viewed as suspicious or untrue. At the very least, having an inconsistent story means having a very unstable foundation for your defense.

In court, telling your story is your opportunity to defend against the false accusations brought against you. To do this in a way that carries the most impact, you must tell the truth and have a story that does not waver. Does this mean your story should be the same, word-for-word, every time? Not necessarily. Instead, make sure your timeline of events is consistent and that you portray a truthful account of what you experienced.

This information will also be extremely important for your lawyer who will use this to establish your credibility and innocence, so make sure you’re open and honest with your lawyer from the very beginning.

Evidence and Character Witnesses

The evidence you use in your defense against a false domestic violence accusation may depend on the approach selected by your attorney. Always make sure you are following their instruction first and foremost.

Your attorney will need to gather evidence in support of your defense. This evidence may come in the form of character witnesses (i.e. people who testify about the overall “goodness” of your character in court). Your lawyer may ask you to provide a list of names of people who can be called to your defense in order to make positive character statements on your behalf.

If your lawyer requests this information from you, give it to them. It is their job to help build a strong defense – one that will stand up in court. Do not withhold evidence or information; this will only add unnecessary challenges to your case.

In Conclusion

If you take nothing else away from this article, know how important it is that you have access to accurate, relevant information. This means finding a lawyer who specializes in domestic violence law; especially as the law may differ depending on where you live.

It is also imperative that you take your charges seriously. While you know that you are innocent, the challenge will be proving this to others. Find representation from a lawyer experienced in domestic violence law, remain calm, and do as you are instructed. Make sure you remain truthful and keep your story consistent, no matter how many times you are forced to retell it. And, finally, provide any requested information and necessary evidence to your lawyer – they’re on your side and it’s their job to defend you.

Being falsely accused of domestic violence can be confusing, scary – even isolating. Remember that you have options available to you. Following these key steps are a great place to start and can make all the difference when it comes to building the best defense for you. For questions or clarifications about any of the items on this list and how they might pertain to you, make sure to consult your lawyer.