In the eyes of the judicial system, a person is innocent until proven guilty. But in many domestic violence cases, it may seem like it is actually the opposite. People may assume guilt and believe the supposed victim without a second thought, however, it is always possible that they are lying in order to gain another benefit. While no one wants to imagine a person would lie about such a serious issue, it does happen. As lawyer from the Morales Law Firm would agree with, here are some of the reasons why an individual may make false domestic violence claims against another:
Revenge
A person may claim false domestic violence if they want to seek revenge after a relationship has ended. One person may not have wanted to end things, while the other did, and it may motivate them to tarnish the other’s reputation for it. Rumors about domestic violence among friends, family, and coworkers can have terrible impacts on the accused, their relationships, and position in the community. Unfortunately, some people may go to great lengths to take revenge on someone who broke up the relationship, including making allegations of violence that are simply untrue.
Child Custody
Perhaps the most common reason why people lie about domestic violence is to win their child custody case. During a heated custody battle, parents may become extreme in their strategies to gain custody of their children. As the court is deciding how custody should be split, or if one parent should have sole custody, the safety of the child will be an influential factor. A parent who has a history of violence in the home is less likely to be given custody. If one parent falsely claims the other of violence, their goal may be to coax the court into believing that the accused is not fit to parent. Despite there maybe not being any proof of domestic violence, just the claims alone may prompt the court to question the character and behavior of the other parent.
As a domestic violence lawyer San Francisco, CA residents trust at the Morales Law Firm can attest, the consequences of false claims can be life-changing for the accused. It may be the goal of the supposed victim to ruin the other person’s reputation in their community, friend group, employment, or romantic relationships. Before guilt can be concluded, there must be sufficient proof that supports these claims.
If someone unfoundedly claims domestic violence and then asks later for the charges to be dropped, this doesn’t mean they will be. The claimants themselves are not able to do that, only the prosecution. Typically, prosecutors air on the side of caution to protect claimants who may have been intimated or threatened into dropping the charges.
Most people automatically assume that the accused is guilty, but there are many cases where this is just not correct.