What to Do When You've Been Falsely Accused of Domestic Violence in North Carolina

Posted by Josh Valentine | Jan 26, 2018 | 0 Comments

With the #MeToo movement in full swing, victims of abuse are feeling confident enough to speak out against their abusers. This includes victims of domestic violence, who face abuse within their own families and relationships. It is great that real victims have support and a safe space to speak out without retribution. However, some have taken advantage of this safe space and falsely accused people they know of violent and abusive behavior.

False allegations of domestic violence have the potential to ruin a person's life. If you have been falsely accused of domestic violence it is important to speak with an experienced North Carolina family law attorney as soon as you can. At Caulder & Valentine, our experienced legal team can help you fight these false allegations and protect your future.

What is Domestic Violence?

Domestic violence includes physical, sexual, emotional, and/or psychological abuse of an intimate partner, family member, or child. Acts of domestic violence include physically beating your spouse, forcing a family member to engage in unwanted sexual conduct, or engaging in harassing behavior that causes emotional distress.

Why Should I Fight False Accusations of Domestic Violence?

It is important to fight false accusations of domestic violence because your future is important. Any allegations of domestic abuse will be taken seriously. If you do nothing, you could potentially face serious criminal penalties, be required to pay substantial civil damages, lose the right to be around the ones you love, and forfeit the right to own a firearm. Fighting back against the false accusations of abuse is important if you want to avoid these (and other) life-changing consequences.

How to Protect Yourself If You've Been Falsely Accused of Domestic Abuse

If you've been falsely accused of domestic violence in North Carolina it is important to keep the following suggestions in mind. These simple steps can help to disprove false claims and protect your future.

  1. Determine the motive. Why has someone falsely accused you of such awful conduct? What is the motive behind the false allegations? Many times, false allegations of abuse will be made when spouses are having marital problems or can't agree on the custody of their kids. If you can pinpoint why the allegations have been made, it will be easier to disprove them.
  2. Gather evidence. Domestic violence cases often lack physical evidence. As a result, they often boil down to very serious “he said, she said” situations. When it is your word against the word of your abuser, it is important to gather any information and evidence that can support your side of the story.
  3. Find witnesses. When you have been falsely accused of abuse it is important to enlist the help of those who know you well. Ask friends and family members if they will testify on your behalf to rebut any claims of abuse. While this testimony may not directly disprove allegations of abuse, it can help to provide context and show that the allegations are out of place.
  4. Call a lawyer. False allegations of domestic violence should always be taken seriously. The best way to defeat these false claims of abuse is by hiring an attorney who is familiar with North Carolina's domestic violence laws to handle your case. An attorney will investigate the claims, find evidence to support your innocence, and fight aggressively to protect your rights.

Fight Back Against False Allegations

Have you been falsely accused of domestic violence? These allegations will be taken seriously and your future may be at risk. It is important to act quickly and defend yourself against these false claims. The experienced North Carolina family law attorneys at Caulder & Valentine know that your future is at risk and will aggressively fight to protect it. Call us today to schedule a consultation and learn more.

About the Author

Josh Valentine

All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person that was best situated to provide that vital support was their lawyer.  So that's why I became an attorney.  I understand what you are going through—and I'm here to help you.  Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life. Before attending law school, I worked for a law firm focused on record clearing services, including expungements, pardons, and motions for appropriate relief.  The vast experience and understanding of North Carolina's expungement laws that I have acquired has given me an advantage in defending criminal charges, because not only do I fight for the best possible outcome in your case, but I am also continually conscious of the long term effects that a criminal charge or conviction can have on a person's life.  As such, I will do whatever I can to insure that my clients will not end up with a criminal record.  I was born in New London, Connecticut, but spent the first few years of my life in Dallas, Texas, before moving to Rutherfordton, North Carolina in 2001.  Upon graduating from high school, I attended Gardner-Webb University in Boiling Springs, North Carolina, where I majored in Accounting.  Eager to finish school, I began law school at Charlotte School of Law the day of my graduation from GWU, and completed my law degree in two years (instead of the typical three). During law school, I studied hard and strived to acquire the most experience possible so that I would be practice ready upon graduation.  The opportunities I gained included prosecuting criminal defendants through an externship with the Burke County District Attorney's Office, defending criminal defendants through Charlotte School of Law's Criminal Justice Clinic, and interning with Farmer & Morris, PLLC. I am blessed with a beautiful wife, Gabrielle Valentine, who is an attorney at Farmer & Morris, PLLC, in Rutherfordton, North Carolina.  In my free time, I enjoy helping with the youth group in my church, playing basketball and softball in our local church leagues, serving in the prison ministry, and spending time with my family.  Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar

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