More often than not, clients who are falsely accused of domestic violence are dealing with a party who is motivated to fabricate. These motivations include but are not limited to:
- Wanting to get an advantage in a pending or soon to be pending divorce or custody case
- Wanting revenge
- Simply the desire by the other party to get the upper hand in case where in fact they were the primary aggressor
Generally speaking these trials are multifaceted and often times present on a he said she said basis. It is imperative from the outset that you retain counsel and are able to provide to them with documentary evidence that will support your side of the case.
By this I mean that you should:
- Memorialize in great detail the sequence of events in writing
- That you take pictures of any injuries sustained
- Provide your attorney with a list of witnesses that were present at the time of the event.
Too often I hear potential clients tell me that they are not worried about the charges since there is no truth to it and that the Court will be able to see who is telling the truth and who is lying. Unfortunately, this is not the case. The Judge hearing your case does not have a crystal ball and will have to make a decision hearing the facts in evidence. Virginia, unlike some states, does not require physical evidence to substantiate a claim of domestic violence and individuals can be found guilty merely on the testimony of the complaining witness.
It is imperative that you retain competent counsel to represent your interests in this realm. Please call our office at (757) 517-2942 if you would like to schedule an in or out of office free consultation.
We have additional information regarding defense of domestic violence charges on our blog.