Falsely Accused of Domestic Violence

State and Federal
Criminal Defense Attorney
Peter D Aiken

January 16 2017

Of all the crimes you can be charged with, this is the one that is most likely to be a false accusation.

When 911 is called by a husband or wife, or by a “significant other” or neighbor, there is a high likelihood that when the police get there, someone is going to jail. The police do not want the situation escalating after they leave and result is something tragic so many times they will arrest one party or the other. Many times, they arrest the wrong person. They can end up arresting the person who actually made the call for help. I have handled these type of battery cases for decades, I have found that there is a built in prejudice in favor of the woman. It may be that the woman has attacked the man, scratched him or thrown things at him but when the police show up, particularly if it is a female officer, the man is in deep trouble.

A domestic battery case can destroy a family and set back the family finances for months. Some of the female judges set super high bonds in relatively minor cases and a man can sit in jail, lose his job, lose his car and lose his home over something that could have been prevented. I have found that ninety per cent of the time, alcohol is the number one cause. It does not matter if the woman comes forward the next day and tells the truth about what really happened. The police have already made an arrest and most of the time the prosecutors stick with the cop’s version of what happened. Having a good lawyer can make a difference in getting the family back together again. The Court will often at first appearance enter a no contact order. Most families cannot afford two domiciles so the man may end up living in his car. We may be able to get these types of situations resolved and reunite the family.

If a no contact order is in place, and if the order is violated, on partner can end up back in jail. Having good legal counsel, a good criminal lawyer, may make it possible to get the charges dropped or the no contact order modified to “no harmful contact”. Do not try and do this on your own. We may be able to get a hearing set quickly, get the bond reduced or the charges dropped. It does not cost you anything to call for a free consultation. Many times, I am hired by the so called “victim” to straighten out something that has gotten out of hand. If you need help with a battery case or an aggravated battery case feel free to call my office in Ft. Meyers at 239 334 8890 or here in Sarasota at 941 366 3506.