There’s nothing quite as shocking and frightening as a false allegation of any sort, yet there’s something sinister about false allegations of domestic violence, a crime that’s both incredibly horrible and incredibly serious.
When this happens in the context of a divorce—especially if there’s a child custody dispute taking place—false allegations become even more horrific. False accusations of domestic violence are generally made with one goal in mind: so that the accuser can get what they want, regardless of the cost.
Such allegations, even if unfounded, can have severe personal and legal consequences, and while in Texas and the rest of the U.S. you’re technically considered innocent until proven guilty, this only applies in the courtroom—many people have lost careers, relationships, and more as a result of false allegations of domestic violence, even after they were proven false.
Fortunately, there are a number of strategies we can employ to mitigate the damage and fight against the accusations in the courtroom while attempting to salvage your reputation.
Keep reading to learn how it all works and how we can help you fight against false allegations of domestic violence.
How Domestic Violence is Defined in Texas
Before we delve into the specifics of how to handle false allegations of domestic violence in Texas, it’s crucial to understand what constitutes domestic violence under Texas law.
In Texas, domestic violence is referred to as “family violence” and is defined in the Texas Family Code Section 71.004:
“an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”
While it’s possible that false accusations may arise from misunderstandings or misinterpretations of events, we’re focused on deliberate fabrication. Regardless of the reason, an accusation alone without any supporting evidence beyond a statement can often be enough to result in an arrest.
What If a Protective Order Is Filed As a Result of a False Allegation of Domestic Violence?
In many cases, a protective order (which is different from a restraining order) will be issued by a local magistrate—this order will restrict your contact with your accuser (and possibly your children as well). While this is frustrating, it’s important to stay calm—your accuser is likely hoping that you’ll react poorly and turn the accusation into a self-fulfilling prophecy.
While it was once the case that protective orders could be issued if family violence was likely to occur in the future (which was considered vague and problematic), the Texas family code governing protective orders (Texas Family Code § 85.001) has removed this requirement.
Protective orders are still considered standard operating procedure in most cases, so you should expect one to be ordered.
However, you should try to keep in mind that the goal of the order is to give the police and the court time to investigate. If no convincing evidence is presented, and if you’re represented by an experienced attorney who can argue convincingly on your behalf, it will likely be removed fairly quickly.
Immediate Steps to Take if You’re a Victim of a False Allegation of Domestic Violence in Texas
If you’re a victim of a false accusation of domestic violence, there are a few steps you need to take right away—one of them is perhaps more important than any of the others, and it’s also the first step:
Comply with the Police, but Do Not Answer Questions Without an Attorney Present
Your accuser is hoping that you will react poorly to a false allegation in some way. By reacting in any negative way, you give them ammunition to use against you, whether that be in the courtroom during your divorce, while attempting to work out child custody, or even socially.
While you are required to comply with the police and any lawful orders they give you, you don’t have to speak to them. Remember, you have a right to remain silent. The police are very serious when they say, “Anything you say can and will be used against you in a court of law.”
They’re also serious when they say you have a right to an attorney. You should take this right just as seriously as they do. When you’re experiencing a false allegation of domestic violence, it’s generally not in your interest to talk to the police or try to explain things. You’ll likely dig the hole deeper. Staying silent is not an admission of guilt—neither is hiring an attorney.
Instead, only speak to ask for an attorney. If pressed, you may tell the police politely that you’ll be happy to answer their questions when your attorney is present. They have no reason to believe that you’ve been falsely accused, and they deal with liars all the time—explaining your way out is a strategy that’s unlikely to work.
Remain Calm and Do Not Confront the Accuser
Once you’ve learned about the false allegations, your first instinct may be to confront your accuser. Ignore this instinct. Any contact could be misconstrued or used against you. Instead, remain calm and avoid all communication with the accuser unless it’s through your attorney.
Document Everything
Start documenting everything related to the false accusations as soon as possible. This includes:
- Your account of events
- Any communications with the accuser (texts, emails, voicemails)
- Witness statements
- Alibis
- Any evidence that contradicts the allegations (for example, evidence showing you were somewhere else at the time)
Depending on where the alleged domestic violence supposedly took place, your attorney may be able to help you retrieve surveillance videos or witness statements that could help your case. This is where an experienced attorney can come in extremely handy—they have legal tools at their disposal that make retrieving evidence much easier than it is for the average person.
Seek Legal Representation Immediately
The moment you become aware of false allegations of domestic violence, contact an experienced Texas attorney. Early legal intervention can significantly impact the outcome of your case, especially given Texas’s complex domestic violence laws.
Comply with Court Orders
If a protective order has been issued against you in Texas, comply with it fully, even if you believe it’s based on false allegations. Violating such an order in Texas is a separate criminal offense that can result in additional charges.
The court order may bar you from seeing your children. Though this is frustrating, the last thing you want to do is violate the protective order. If you’re allowed time to see them, do everything in your power to do so and to parent them effectively. This will work in your favor in the future once the false allegations of domestic violence are resolved.
If the court sees that you acting calmly and appropriately throughout this process, once the allegations are proven false, they’ll have a much different attitude throughout your divorce or child custody case.
Stay Off of Social Media
Finally, it’s likely in your best interest to avoid social media entirely during this process, especially if you know that you have trouble staying silent. Consider deleting any social media apps from your phone and blocking social media websites temporarily on your computer to avoid temptation.
Courts can and do regularly use social media posts as evidence in court. Not only could this worsen your domestic violence case, but it could worsen your divorce and child custody case as well.
Are You Facing False Accusations of Domestic Violence? We Can Help
If you’re dealing with false allegations of domestic violence in Texas, going it alone is a bad idea. Contact our office today for a consultation. We’re here to protect your rights, preserve your reputation, and guide you through this difficult process in the Texas legal system.
Remember, an accusation is not the same as a conviction. With the right legal strategy and support, it’s possible to overcome false allegations of domestic violence and move forward with your life.
Contact us to set up your initial consultation with one of our attorneys or call us directly at (214) 646-3253.
