Colorado lawmakers passed domestic violence laws to protect families and individuals who were being harmed in their relationships. However, the system is ripe for taking advantage of, and many people face false allegations of domestic violence every year. If you have been accused of domestic violence, you need to get ahead of the allegations by hiring a Lakewood domestic violence defense attorney.
Why People Make False Allegations of Domestic Abuse
In the last few decades, public awareness of domestic violence has increased significantly. People have become hyper-aware of this issue, so they have learned to immediately trust the word of the accuser. Unfortunately, some people take advantage of the domestic violence system and make unsubstantiated claims against innocent parties.
Leading causes of false allegations of domestic abuse include:
- Gaining an upper hand in a family law case – Some may believe that they will be awarded child custody or otherwise receive an upper hand in a family law case by claiming the other party is abusing them.
- Jealousy – A former romantic partner may be jealous that their mate has moved on and is with someone else, so they may make false allegations to ruin their reputation or new relationship.
- Revenge – A person who feels wronged may lash out and exaggerate claims to seek revenge.
Understanding the possible motivation of the accuser is the first step to building a solid defense. Give your Lakewood criminal defense lawyer any evidence you have that may show the underlying motive for false accusations, such as text messages or social media communications.
Potential Consequences of False Domestic Violence Accusations
The penalties for domestic violence allegations are considerable. They may include:
No Contact Order
Courts typically issue a mandatory no-contact order in domestic violence cases that restricts the defendant from having any communication with the alleged victim. They may be ordered to move out of a shared residence. If they violate the terms of the order, they can face additional consequences.
Loss of Parental Rights
If you have children, false accusations of domestic violence could interfere with your relationship with your children. You could be forced to move out of your shared home while still being expected to continue making payments for it. The court could order that the other parent receive primary parental responsibility and parenting time. You could be prevented from seeing your children or only having supervised visitation.
Pre-Trial Release Conditions
You may also be subject to pre-trial release conditions, including weekly check-ins and random blood alcohol testing.
Jail Time
Colorado law requires mandatory arrest in domestic violence cases. If you are convicted, you can face substantial jail time.
Domestic Violence Program
You can also be required to complete a domestic violence program and evaluation. This is typically a six- to nine-month class that meets every week, which can disrupt your routine and job responsibilities.
The Importance of Legal Representation in Domestic Violence Cases
If you have been falsely accused of domestic violence, the most important thing you can do to safeguard your rights is to contact an experienced criminal defense lawyer. The consequences are severe, and you must do everything possible to build a solid defense.
An experienced attorney from The Law Offices of Elaine E. Lukic can investigate your case, challenge the allegations against you, explore options for resolving the case before formal charges are filed, and protect you from doing or saying anything that could harm your case. Call (888) 565-2217 or fill out our contact form for a confidential consultation.