Fraud Blocker

Falsely Accused of Domestic Violence in California: What to Do? 2024

By Quinn & Dworakowski, LLP | May 25, 2024

Domestic violence laws in California are intended to protect individuals who are suffering from emotional, physical, sexual, or financial abuse in the domestic setting. However, false allegations can take a serious emotional and financial toll on those who are falsely accused of domestic violence in California.

The framework of resources mandated by these laws can be undermined when false allegations occur, ultimately hurting real victims in the process. False accusations can also negatively impact the credibility of victims who choose to come forward in the future.

As individuals who have been falsely accused of such crimes can face immediate and long-term negative consequences, such as temporary restraining orders and criminal penalties, it is important for them to inform themselves of their rights and act quickly.

Steps You Can Immediately Take if You Are Being Falsely Accused of Domestic Violence

If you are being falsely accused of domestic violence crimes, it’s important to take immediate steps to protect yourself and your reputation. Immediate steps you can take include:

  • Working with a skilled attorney. By hiring a compassionate lawyer who is experienced with such cases, you can work to take immediate steps to protect your rights and start building up your defense strategy.
  • Understanding how allegations could potentially impact your life. Go through each facet of your life with your attorney to understand and anticipate how false allegations of domestic violence could potentially result in negative consequences. This can help you plan accordingly to help minimize associated financial and emotional damages.
  • Collecting key evidence. It is critical to collect strong evidence that shows you are innocent. Such evidence can include written documentation of certain communications, photos, and videos, as well as physical items that are associated with the claims, such as clothing or other objects.
  • Avoiding outbursts or retaliation. Even though facing false claims can be extremely frustrating, it is important to keep calm, as any backlash or aggressive behaviors could be used against you in court, potentially resulting in further potential criminal consequences.
  • Adhering to all legal orders. Even though you may not agree with certain legal orders being held against you, such as temporary restraining orders or other court mandates, it is important to comply with them. Your attorney can help you ensure that you take adequate steps to avoid further consequences.
  • Developing a strong defense strategy. Together with your lawyer, you can combine existing evidence, ongoing documentation, and other statements to build a case that strongly refutes any claims being made against you. By presenting your arguments calmly in court and laying out the evidence, you can work to win your case or get the charges against you dropped.
  • Consider further litigation. If the charges against you resulted in serious emotional or financial damages, and you’re able to clearly demonstrate that they were false, you may be able to pursue a civil suit to get compensation for your damages and restore your reputation.

Hire a Lawyer to Defend You Against Damaging False Accusations of Domestic Violence

Individuals who know they are innocent of the claims being made against them may sometimes make the mistake of not hiring legal representation. While it is easy to naively believe that the criminal justice system does not make such blatant and unjust mistakes, convictions based on false accusations do happen, especially if the accused is from a certain socioeconomic background. Therefore, it is in your interest to hire a lawyer if you are facing false allegations of abuse.


Q: What Is the Burden of Proof for False Accusations of Domestic Violence in California?

A: In California, the burden of proof for false allegations will typically lie on the individual who makes the accusation. In civil court cases, the burden of proof lies with the plaintiff, who must back their claims by a preponderance of the evidence. In civil court cases, on the other hand, the prosecution will need to show that their charges of a certain crime have been committed beyond a reasonable doubt. Both types of cases will need to have robust and comprehensive evidence.

Q: How Do I Deal With False Accusations of Domestic Violence?

A: Dealing with false accusations of domestic violence can be frustrating and disorienting; however, it is important to keep your calm and follow certain steps to disprove any false claims. By immediately working with an experienced attorney, you can work to build up a strong defense and protect your rights and reputation. Collect and store all proof that backs your claims of innocence, and be sure to follow your domestic violence attorney’s guidance throughout the process.

Q: Can You Press Charges Against Someone for Making False Accusations of DV in California?

A: If someone is making false accusations against you in California, you can pursue civil litigation against them. Such cases typically involve charges of defamation, including slander and libel. In these civil cases, you can work to prove that the false allegations caused serious financial or emotional damage and work to receive adequate compensation. By working with an experienced attorney, you can work to restore justice to your situation.

Q: How Do You Prove Your Innocence When Falsely Accused of Domestic Violence?

A: If you have been falsely accused, you can show you are innocent by gathering and presenting robust evidence that refutes the claims made against you. By collecting key documentation, such as any communications with the accuser or witness statements, and working closely with a skilled lawyer, you can work to design and implement a comprehensive defense strategy. Calmly present evidence and refute claims in court to prove your innocence.

Get Skilled Legal Representation and Fight Back Against False Domestic Violence Allegations

False allegations of domestic violence in Orange County and greater California can be severely destructive, having long-term impacts on the accused’s mental health and financial situation. Therefore, seek a skilled attorney who can help you navigate the situation. A knowledgeable attorney from Quinn & Dworakowski, LLP, can work closely with you to build up a robust, comprehensive defense strategy and fight false claims. Contact us today.

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