How to Handle False Domestic Violence Charges

You Have the Right to Fight Your Charge in Court

Maybe you raised your voice too loud. Or you slammed a door too hard. You may even be dealing with a messy divorce that your partner didn’t want in the first place. Whatever the situation is, you don’t deserve to be falsely accused of domestic violence as a result. A wrongful allegation of this nature is serious and can result in life-changing consequences, even if you didn’t commit domestic violence.

Understanding False Domestic Violence Accusations

In South Carolina, domestic violence is defined as the unlawful infliction of physical harm or injury to a household member, or offer or attempt to cause physical harm or injury to a household member by creating a fear of imminent danger. “Household member” refers to:

  • A spouse
  • A former spouse
  • Persons who have a child in common
  • A male and female who are cohabiting or formerly have cohabited

“Imminent danger,” otherwise known as an immediate threat of danger, means that if a household member believes they are risk of being harmed, then they could claim domestic violence. But that’s simply based on opinion. If you and a household member got into a heated argument and you said something in the heat of the moment that you probably regretted saying after the fact, it may be too late: You may be accused of domestic violence whether it truly happened or not.

What Should I Do If I’m Charged with Domestic Violence?

First, contact us online and schedule your consultation to discuss your domestic violence case. We obtain over 20 years of experience representing the accused and know how to best move forward from false allegations. Our domestic violence lawyer has handled countless cases like yours, and completely understands how frightening this uncertain period of time can be. When you hire our attorney to represent you, you can count on us to guide you from start to finish.

Second, we strongly advise you protect yourself to prevent further unnecessary damage to your livelihood. Please take the following precautions to help your case:

  • Avoid further conflict: As challenging as it may feel, we urge you to refrain from engaging in any further arguments or simple disagreements. Don’t engage in anything that could be mistaken as domestic violence. This includes yelling, intimacy, slamming doors or objects, and engaging in any conversation that may result in a disagreement or a negative reaction.
  • Identify witnesses: Witnesses are a key aspect of your case because they offer an outside perspective and, sometimes, a different opinion on who is to blame. Having credible witnesses could make or break the outcome of your case because the defendant and victim may have completely different accounts of what happened, so a witness can come in and clear up any inconsistencies or confusion. Examples of witnesses you can use are:
    • Family members
    • Neighbors
    • Friends
    • Co-workers
    • Healthcare providers
    • Teachers
    • Law enforcement

Upon your domestic violence accusation, you should contact witnesses whom you believe could help your case. Call and tell them an accurate account of what you experienced, and be as transparent as possible without saying anything that could self-incriminate you.

  • Gather documents and data: Print out hard copies of any text messages, social media posts, emails, transactions, search histories and call logs that may be useful in supporting your case. Obtain any voicemails, videos, photos and other documents that could help prove your innocence. If the accuser speaks about a conversation you had and our attorney notices some inconsistencies, we can pull out the evidence to help prove that the alleged victim is lying.
  • Avoid talking about your case: Anything you say can and will be used against you in court. This includes conversations with law enforcement, close friends and family members. Do not post about your case online. Even posting a status update about having a rough day could enhance the accuser’s case and worsen yours. Lastly, do not discuss your case with anyone other than our domestic violence lawyer and your witnesses. The more careful you are about what you say and who you say it to, the better.

Contact us online or call (864) 610-1277 to get started on your case.

Why Should I Hire an Attorney if I’m Innocent?

False domestic violence allegations can have negative long-term damage on your life: You may have trouble finding a job, securing housing and seeing your children because your criminal record will show that you committed an offense. It won’t describe how your accusations were fabricated and the situation was a misunderstanding; anyone that sees a domestic violence charge on your record won’t question if it’s false or not. They will assume it’s true.

Our domestic violence lawyer is prepared to defend you at all costs. We will go above and beyond to strategize a personalized defense that can pursue justice on your behalf. As soon as you hire us to defend you, you can start to feel a sense of comfort knowing that we are available 24/7 to answer any questions or concerns you have. We will inform you of every detail going into your defense so you can be prepared and confident in your case.

Hisker Law Firm, PC is dedicated to fighting for your success. Call us at (864) 610-1277 or fill out our online form to request your case review.