HOW TO FIGHT FALSE DOMESTIC VIOLENCE CHARGES IN NEW YORK CITY
This guide will examine the unique system New York City Courts have for handling domestic violence cases and how to fight them,
WHY PEOPLE FILE FALSE DOMESTIC VIOLENCE CHARGESEach day, thousands of people are falsely accused of domestic violence. Why? Why are these charges so easily brought against innocent people and how acs you fight them?
The first question is very complicated. There are many reasons why people file false domestic violence charges against innocent partners. The first and most prevalent reason is a fight over child custody. When one party can accuse the other of domestic violence, they can receive an advantage in court and obtain custody of their children. Also, it may give them an advantage in their divorce proceeding and be able to use it as a bargaining chip.
Another reason why people file false domestic violence charges is that there are many state and federal benefits give to " victims" of domestic violence. For example, if you can show that you were a "victim" of domestic violence you can obtain public benefits, housing and immigration status ahead of others. This is a powerful motive for people to manufacture these types of charges.
Lastly, we have seen that people will file these charges after a bad break up. There is a need to "punish the other party" and make them suffer. These are usually the most dysfunctional relationships and can have devastating consequences.
The reason we discuss the motive of the other party, is that it may become relevant at trial as to why this person is making these allegations.
HOW TO FIGHT THE CHARGESFirst, you must obtain all of the police reports and the DA reports to see exactly what you are charged with,. Look at the dates and times that the person is alleging you committed the act. In one case our client was out of the country for one month during the time he was supposed to be assaulting the "victim".
Review all of your emails and text messages. In many cases, the accuser will make admissions that are useful to you in your defense.
You can also through your attorney, subpoena witnesses who are favorable to you. This may be a family member or a friend. It could be anyone that has knowledge of your relationship. Fighting a domestic violence charge is about showing that the accuser is lying for a specify motive and that these lies can be easily proven. The other huge issue that arises is should the defendant testify. We have found in our experience that in domestic violence cases, the jury is desperate to hear from the accused. Strong considerations should be given to testifying on your own behalf, but you must be prepared properly by your attorney and you should expect a vigorous cross examination based on information that the other party knows.
SHOULD I PLEAD GUILTY?This is one of the most difficult questions to handle in domestic violence cases. Even a plea to a disorderly conduct can have negative consequences to a persons job, immigration status and future employment. The best way to figure this out is to meet with your attorney in his office and go through the entire case and see if the plea deal on the table is worth taking. You should also explore private anger management and domestic violence programs that you case use to bargain with the prosecutor.