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

Posted by Josh Valentine | Jan 26, 2018

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

You could say Josh has a God-given ability for sustaining long-term relationships. He and his wife first met in elementary school and went to Gardner Webb University (GWU) together, where they tied for number 1 in their class. Then, they both started law school on the same day of their graduation and got married during their first semester. He has also known his law partner Blake Caulder since Kindergarten. Theirs is the perfect partnership. “He’s the brake; I am the accelerator,” Josh says. Both Josh and his wife attended an innovative program at Charlotte Law School that allowed them to complete law school in two years instead of the typical three. His wife graduated and passed the North Carolina bar at age 20, becoming one of the youngest attorneys in the state. He readily admits she’s smarter than him. Of course, Josh went on to pass the North Carolina State Bar himself and later the South Carolina State Bar. While in school, he was Associate Editor of the Law Review and received accolades like Phi Delta Phi International Legal Honor Society membership, Order of the Crown, Pro Bono Honors, CALI Awards (highest grade). In his career as a lawyer, he has been admitted to the United States Federal Court for the Western District of North Carolina, is a member of the American Association of Premier DUI Attorneys, and completed training for DWI Detection & Standardized Field Sobriety Testing. Josh has also been named to the Top 40 Under 40 for Criminal Defense by The National Trial Lawyers, the Business North Carolina 2019 Legal Elite for Criminal Defense, and the 10 Best Attorneys for Client Satisfaction by the American Institute of Criminal Law Attorneys three years in a row (2016, 2017, and 2018). Community involvement has been important to Josh all his life. In high school, he participated in building a Holocaust museum that has become internationally regarded. He and his wife are actively engaged in animal rescue, which currently means seven cats and two kittens. He served in prison ministry and assisted with fundraiser banquets there, and he provides pro bono and reduced fee legal services to those in need. As if all of that weren’t enough, Josh also mentors high risk youth and helps with his church’s youth group. He participates in other community volunteer projects involving construction, remodeling, drywall, painting, and landscaping. He’s an active student of the Bible and has traveled to Israel, Brazil, and Europe for mission work. No one can say Josh isn’t a well-rounded individual. In his spare time, he likes to play softball, basketball, and tennis, and he can play the piano and trombone. Sometimes on weekends, believe it or not, he enjoys pouring and finishing concrete with friends who own a concrete and grading business. In his law practice, Josh has made it a point to develop positive relationships with officers, clerks, and district attorneys, which has proven invaluable in delivering positive results for his clients. It’s important to him to both listen to his clients and fight for them. Law enforcement officers have important responsibilities to keep our communities safe and uphold the law, but one of the responsibilities of attorneys is to make sure officers do their job correctly. Josh considers it his job to hold them accountable for their actions. Josh is a person of deep faith. He knows that the established order of our universe and strength of America’s Judeo-Christian influenced court system is built on God’s word. His passion to serve each client with innovation, excellence and integrity is a byproduct of his faith. When asked why he became a lawyer, Josh says, “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 who 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.” 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