Is it Possible to Prove You are Being Wrongfully Accused of Domestic Violence?
Domestic violence is a crime. In Florida, a person who is arrested for domestic violence can face a number of different consequences, from the loss of family rights to the risk of significant jail time. Police and prosecutors take allegations of domestic violence very seriously.
With that being said, false accusations can and do happen. You are presumed innocent until proven guilty of domestic violence. In this article, our Stuart domestic violence defense attorney explains the key things to know if you are being wrongfully accused in Martin County.
Investigation is the Key to Proving Innocence: Gather All Evidence that Supports Your Story
The more evidence that you have, the better positioned you will be to prove you are innocent of domestic violence. If you are being falsely accused of domestic violence in Florida, it is imperative that you gather every piece of evidence that is in your favor. Along with other things, this may include text messages, emails, voicemails, photographs, GPS records, social media posts, and anything else that helps confirm your whereabouts, actions, or character at the time of the alleged incident. Witness statements can also be valuable, if anyone else was present or has information that contradicts the accusation.
Domestic Violence Cases are Sensitive, but You Can Challenge the Credibility of the Accuser
One important way to defend yourself is by legally challenging the accuser’s credibility. In Florida, prior false accusations, known motives for lying, such as gaining advantage in a divorce or custody battle, or inconsistencies in the accuser’s story can be powerful evidence. Of course, these cases should be handled with the highest level of care and sensitivity. A top-tier Stuart, FL, criminal defense attorney can help you determine the best path forward.
In some cases, character witnesses can help you support your defense. Character witnesses can help paint a truthful picture of your behavior, particularly if you have no history of violence. Under Florida law, you are allowed to present testimony from friends, family, neighbors, coworkers, or others who know you well and can attest to your peaceful, non-violent nature. These witnesses can also rebut any narrative that you were aggressive or threatening.
Remember that the Burden is on the State to Prove the Case Beyond a Reasonable Doubt
In Florida, you are presumed innocent until proven guilty beyond a reasonable doubt. That means you do not have to “prove” your innocence—instead, the prosecution has the legal burden to prove the accusations against you. As defined by the Legal Information Institute, the reasonable doubt standards require prosecutors to present sufficient evidence “that there is no other reasonable explanation that can come from the evidence presented at trial.” Still, providing strong evidence that raises doubts about the accuser’s credibility or the incident itself can make it impossible for the prosecution to meet that high standard.
Contact Our Stuart, FL Domestic Violence Defense Lawyer Today
At The Law Office of Denise Miller, PA, our Stuart criminal defense attorney has the knowledge and experience to defend domestic violence cases. If you are facing a false allegation of domestic abuse, we are here to help. Call us now or contact us online for a fully confidential initial consultation. With an office in Stuart, we defend domestic violence charges throughout Martin County.
