When you are accused of domestic violence, or have actually been arrested and charged for it, it can feel like your world is turned upside-down and that you do not have a friend by your side. At O’Malley and Sawyer, we earnestly believe in the importance of protecting the accused from any allegation, for “innocent until proven guilty” is the groundwork of our criminal justice system, not just a good idea.
Our Denver criminal defense lawyer has compiled useful domestic violence information and effective defense strategies. Please review them by clicking the links below, or you can contact our firm to get in touch with our staff directly.
Find more Domestic violence information below:
Domestic violence FAQ
Civil Protection Orders
Domestic Violence Record Sealing
Domestic Violence False Accusations
How to React to an Accusation
The first question that came to your mind after you were accused of domestic violence was probably, “How did this happen?” The exact numbers are not known for the studies are largely subjective, but it is widely believed that anywhere between 20% and 50% of all domestic violence accusations are based on misunderstandings, exaggerations, or fabrications.
If you do not know how it could be that your spouse or another loved one could bring these charges against you, it is important that you react appropriately so you do not risk incriminating yourself.
After you have been accused of domestic violence, you should:
Refrain from speaking to authorities without your attorney. Do not resist being arrested or detained, no matter the circumstances. Avoid direct or indirect contact with the complaining witness while the case progresses; You could inadvertently damage your chances of success.
Child Custody & Domestic Violence
A person accused of domestic violence charges, and not even convicted, could lose their child custody rights immediately. This penalty can be more heart-wrenching and emotionally damaging than any other form of punishment. A scorned spouse or ex spouse may use false allegations of domestic violence against you in order to gain full child custody rights. If you have any reason to believe that your accuser could have ulterior motives, you must let your defense lawyer know, as it could be integral to the success of your case.