Each day, thousands of people are falsely accused of domestic violence. Why? Why are these charges so easily brought against innocent people and how acs you fight them?
The first question is very complicated. There are many reasons why people file false domestic violence charges against innocent partners. The first and most prevalent reason is a fight over child custody. When one party can accuse the other of domestic violence, they can receive an advantage in court and obtain custody of their children. Also, it may give them an advantage in their divorce proceeding and be able to use it as a bargaining chip.
Another reason why people file false domestic violence charges is that there are many state and federal benefits give to " victims" of domestic violence. For example, if you can show that you were a "victim" of domestic violence you can obtain public benefits, housing and immigration status ahead of others. This is a powerful motive for people to manufacture these types of charges.
Lastly, we have seen that people will file these charges after a bad break up. There is a need to "punish the other party" and make them suffer. These are usually the most dysfunctional relationships and can have devastating consequences. So how can you fight them?
In New York City, the NYPD has an arrest first and figure it out later policy. As son as they arrive at a domestic, someone, usually the man is going to be arrested. Very little investigation is done and the police operate on the theory that it will get sorted out in court. This is a very damaging policy but the dysfunction at the NYPD runs so deep, there is no way to fix it.
The first thing to do is hire your own attorney if you can afford it. Legal aid is imply too overwhelmed to help you. Then, you and the attorney must work together to address the false charges. It may be necessary to call witnesses to the event or to the relationship. This may mean issuing a subpoena to members of the family in order yo get them to testify.
The other issue is whether you should please guilty or not to anything. Having a domestic charge on your record will prevent you from obtaining some jobs, schools and even a green card. Very careful consideration should be give to pleading guilty to any domestic violence charge,
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QUEENSDOMESTICVIOLENCEATTORNEY.COM
BRONXDOMESTICVIOLENCELAWYER.COM
NYCDOMESTICVIOLENCELAWYER.COM
BROOKLYNDOMESTICVIOLENCEATTORNEY.COM
The first question is very complicated. There are many reasons why people file false domestic violence charges against innocent partners. The first and most prevalent reason is a fight over child custody. When one party can accuse the other of domestic violence, they can receive an advantage in court and obtain custody of their children. Also, it may give them an advantage in their divorce proceeding and be able to use it as a bargaining chip.
Another reason why people file false domestic violence charges is that there are many state and federal benefits give to " victims" of domestic violence. For example, if you can show that you were a "victim" of domestic violence you can obtain public benefits, housing and immigration status ahead of others. This is a powerful motive for people to manufacture these types of charges.
Lastly, we have seen that people will file these charges after a bad break up. There is a need to "punish the other party" and make them suffer. These are usually the most dysfunctional relationships and can have devastating consequences. So how can you fight them?
In New York City, the NYPD has an arrest first and figure it out later policy. As son as they arrive at a domestic, someone, usually the man is going to be arrested. Very little investigation is done and the police operate on the theory that it will get sorted out in court. This is a very damaging policy but the dysfunction at the NYPD runs so deep, there is no way to fix it.
The first thing to do is hire your own attorney if you can afford it. Legal aid is imply too overwhelmed to help you. Then, you and the attorney must work together to address the false charges. It may be necessary to call witnesses to the event or to the relationship. This may mean issuing a subpoena to members of the family in order yo get them to testify.
The other issue is whether you should please guilty or not to anything. Having a domestic charge on your record will prevent you from obtaining some jobs, schools and even a green card. Very careful consideration should be give to pleading guilty to any domestic violence charge,
QUEENSDOMETICVIOLENCELAWYER.COM
QUEENSDOMESTICVIOLENCEATTORNEY.COM
BRONXDOMESTICVIOLENCELAWYER.COM
NYCDOMESTICVIOLENCELAWYER.COM
BROOKLYNDOMESTICVIOLENCEATTORNEY.COM
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