Things can get heated between spouses from time to time, and even the happiest couple is going to have a disagreement every once in a while. With that said, if your relationship has grown toxic, things may be worse for you right now than it's ever been in the past. If the police have been called to your residence, it's likely a highly emotional situation. Sometimes people can say things out of anger that they don't really mean. A line that should never be crossed, though, is making accusations against someone that are simply not true. If you find yourself under threat of arrest for domestic violence and you know that you are innocent, you will need to hire a criminal defense attorney who specializes in family law ASAP. Until then, here are some tips you should follow to keep a bad situation from getting worse.
Obviously, getting falsely accused of hitting your spouse is infuriating, and an accusation like that might be just enough to get you to actually blow a gasket and start swinging for real. But that is likely exactly what the other party in this case wants you to do. If you find yourself under investigation, answer all questions as truthfully as you can, and do your best to speak in a measured tone without becoming overly angry. Your demeanor and attitude will likely end up getting documented in any police report that is filed.
As soon as you are able, sit down and write a full account of exactly what happened up until the time that the police arrived or the accusation was made. If your spouse is hiring an attorney, he or she may try to put holes in your account and make you look less than credible in front of a jury or judge. Get the entire incident down on paper with as much detail as possible immediately following the incident so that there is no confusion later on. A document like this can also help your own attorney with setting up your defense.
Have a Witness for All Future Interactions
If you have a domestic violence accusation against you, you need to protect yourself from further accusations even if you know the initial charge is not true. If you need to see your spouse because you need to do something like pick up the kids, consider having a different family member pick them up for you, or come into the house with you when you are with your spouse. At the same time, if there are children involved, do your best to choose your words carefully, and don't pit the children against your spouse.
If you are falsely accused of domestic violence, keep your head on straight and try to remember and document as much of the incident that led to the accusation as you can. Have someone else with you as a witness if you must continue to interact with the other party before the case is resolved. Most importantly, find a criminal defense attorney near you ASAP to help you beat any bogus charges that may have been filed.
Contact a group like Medeiros & Associates for more information.