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Tricked Into A Domestic Violence Charge: What To Do

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If you have been charged with a domestic violence charge due to an incident that was misunderstood by police and you are now beginning to suspect your mate had an ulterior motive for getting you into trouble, you will need to fight this vigorously to protect your rights and reputation. Here are some steps on what to do:

Realize That This Is A Cruel But Common Divorce Strategy

So, out of the blue it seems you find yourself in an altercation with your mate. You had no intention of starting a fight with them or participating in a scuffle, but next thing you know they are doing things that are upsetting to you to provoke you into yelling. They may break stuff and even try to strike you. You naturally duck and they fall, or you accidentally knock them down to get away from their aggression.

Next thing you know, they are dialing 911 and the police are coming. You are bewildered, angry, and upset while your spouse is fully prepared to play the innocent victim. The spouse may have even injured themself to produce fake evidence (such as lumps, bruising, scratches, and lacerations) to make it appear that you are abusive.

This can happen to women as well as men and it is a calculated and abusive maneuver to weaken your position in a future divorce.

Recognize the Goals of this Strategy

Your mate may have several goals to accomplish by engaging in this strategy. Conviction of this charge will serve to give you a criminal record and affect your current and future employability. You could lose custody of your children, and it could even limit visitation with them.

If the spouse also seeks a restraining order against you, this too can affect your life in several ways. It will show up on criminal background checks, prevent you from being able to obtain a firearm, and will likely restrict your interaction with your children.

One additional goal your mate may have is to distract you from preparing yourself adequately for divorce.

Consult An Attorney To Prepare An Effective Defense and Get Prepared for Divorce

You would be wise to separate immediately from a mate who provokes an attack and then calls the police on you. If they do it once, it is even more likely that they will do it again, and the consequences get more severe with each charge. Since the mate has something to gain from your conviction, they are not likely to try to get the charges dropped, and the prosecution may proceed anyway, even if they did.

You will want to contact an attorney that is willing to help you fight a mate's dirty divorce tactics and help prepare you an effective defense for domestic violence charges. Your attorney will probably want to show that you acted in self defense, and they will help you find evidence that supports this. This can include video evidence if this happened in a public place, and any eye witness testimony that is available from family members or neighbors.

It is also possible that your charge could be dropped or pled down to a misdemeanor such as "disturbing the peace," if you have no prior charges.

Finally, you will want to follow your attorney's directions to prepare for the inevitable divorce. This will include gathering your personal ID papers plus those of your children, acquiring information about your marital assets, separating your financial affairs, gaining access to some money or other assets, and more.