Sacramento, CAPeople who have been wrongly charged with domestic abuse often feel humiliated. Although they know the truth, domestic violence charges are embarrassing and can carry serious penalties. However, people who have been falsely accused of domestic abuse can, and should, fight to clear their name.
According to Vince Imhoff, managing partner of Imhoff & Associates, PC, false domestic abuse accusations can be made for a number of reasons, including disagreements over child custody and property settlement claims. "It is a way to kick the other spouse out," Imhoff says. "People know how to abuse it [domestic violence accusations] and use it as a tool. They can use a false domestic abuse claim to get someone out of the house. Then the accused has to stay away for 24 hours or until the court date.
"There are several things that go on in making a domestic abuse accusation. First, it is easy to make the accusation. Second, the state has an interest in arresting people for domestic violence because they get federal money per arrest, so they have a vested interest in acting on an accusation that has thin evidence."
Unfortunately, once charges have been filed, domestic violence cases usually go to court. They generally only end either when a jury comes back with a verdict or the accused agrees to a plea agreement. Imhoff says that it is can be difficult for defendants to fight domestic abuse charges. "It takes a lot of gumption for a defendant to want to keep fighting. Often they get worn down by the system or they can't afford to miss more work. It can be expensive for the defendant so they decide to take a plea agreement."
Imhoff says that there are many things to take into account when mounting a domestic violence defense. "We look at corroborating evidence—what other evidence is around," Imhoff says. "We look for physical signs of abuse, see if there has been past abuse. We find out if they are in the midst of a divorce and what the witnesses, if there are any, have to say.
If you have been wrongly accused of domestic violence, Imhoff says that you should fight the charges. "It's worthwhile not to give up," Imhoff says. "It's not as bleak as you think it is. It is possible to win and stand up and say, 'This did not happen.' Once you are over the initial shock, stand tall, fight and make sure that your name is cleared."
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My Ex and I have broken up when our child was around 2 years old. And i was on my own to figure it out for me and my daughter. He left us behind and never stayed contact or talked or see our daughter. I was taking care of her for 4 years alone. Then i filed for child support. He showed up at my door with officers i got served and he has taken our daughter away with a new stranger girlfriend. He has made false accusations against me. And harassed me by calling the cops on me and got myself arrested for resisting arrest. Neither of us has child custody yet. But now he has gotten me arrested for kidnapping during the time i was trying to get him served to return our daughter. My daughter came running towards me and he grabbed her by her arm and almost braking it. She was screaming and crying and then he finally let go and my daughter ran to me and we went around the corner to stay away from him being violent. Turns aound he has called the cops on me for kidnapping and child Indangerment. Which is not true. I got arrested again from his lies and false accusations. He was the one hurting our daughter. When i faced the family law court the judge gave him the authority over my daughter. And he suppose to let her call and have visitation with me. He refuses. And i haven't got to talk or see her for months. He only had her for 3 months . I took care of her for 4 years. I text him and told him he has to have our daughter to stay contacted with me and i have to know where she is. He told me if i text threatening him about talking to her or see her .He will call the DA and tell them i am harassing him. Which its not true. I just want my daughter back with me. He is abusive and hating against me by using my daughter. This hurts her and makes her very sad. He also has domestic violence records from the past. And they are not looking at that. They are looking at me. And i never hurt or hit him ever. He also has this stranger woman taking over our daughter and treating me as i am the one not allowed to be around our daughter. When i don't know anything about her. He doesn't take care of her he has someone else doing it but accept me. This is very hard for me and my 13 years old son is depressed about his little sister being gone, Im still fighting to get her back. But i am running out of time and luck. This has been a real hard breaking down fall to this family.
Posted by angel
I am talking on behalf of my son. He has been with his girlfriend for four years my husband and I actually had taken this girl in when she was 15 and finished raising her because both her parents were drug addicts and made sure she graduated and looked at her as a daughter. When they both graduated they got an apartment together. She recently been in contact with her family and every time she went and spent time with them they would had talked her into pawning anything worth value which would spark arguments between her and my son. She has even went as far as punching and hitting him and I would beg him to come home. But he loves her and would always forgive her now ( this actually happened last night ) I had planned to spend the day with my son without her ( I had stopped talking to her due to her abusing my son ) witch started another fight between them. She slapped him twice and when she went to slap him a third time he admitted to grabbing her hand but she just used her other hand and punched him. He called me to come get him which I did. I begged him to call the cops which he refused thinking getting away would be OK. Well not even a hour later the cops showed up at my house saying she said he twisted her wrist and slammed her to the floor and she had two of her friends back her up stating they were there and saw the whole thing ( her friends were not there and lied for her remember I went in the apartment and packed some of her things when I picked him up and no friends were there ) cops did not arrest him but had him fill out a statement on his side of the story and told us it would be up to the prosecuting attorney and to top things off the landlord from the apartment building called to tell him she was putting a no traspass warrant on him and he was not to go back to the apartment or he will be arrested which blew my mind because the landlord knows when the past arguments happened she was the one reported screaming and cussing at the top of her lungs now my son and I are so worried because its a she said he said. He is starting college planning a good career and the type of profession he wants to go in this could very much ruin it. Any suggestions would be greatly appreciated
Posted by Juan Marentes
June 7 I woke up to my future ex wife. Screaming calling me names and accusing me of cheating. But funny thing is. We have been separated for years under the same roof my eon room hers too. But cause of the kids only I had told her I was talking to some one. Even claims she was going to file for divorce on that Monday. Yet she goes in my phone. She admired to my sister that am of knowing I was talking to some one. And made threats to that Perrin that same am. She kept trying to start fight but me having a history with her pushing my buttons her calling the cops and yet they never found me to be violent and or posing threat. My son yelling mom he's not bothering you. Oh and the judge dismissed the restraining order. She said the story was fishy and that I am clearly not posing threat and I need to see my kids that not right for this to be on my record me have to register. Now I was not contesting I just ask for more time with kids. Yet I got a clear hope that I can win. Yet I need help to go all he way they civil sue and make her pay me back all my hard time. It's too many times now. Time to make it clear that she is the real criminal. Pls help. Court on the 9 th
Posted by Jt
My x who hates the fact i am happier with out her and though i had a past with dui's and alcohol abuse i have gone to court and taken care of everything this year. Basicly i am on my way to not having any issues in my life court wise. Well she decides to blow up on me as usual the other day by threatening my life because my kid starting to say the word bull sh*t and accuses me! heck he is a kid who knows. then she trespasses on my property! i tell her to get out and she forces herself against the door i use my hand to remove her out of my door way so i can shut it without hurting her and she calls the cops. I thought nothing of it....until they arrest me for domestic violence i mean you got to be kidding me 10years witht the girl not ever have i abused her and now this im just nervous now cause of my record and all i want is to have my son half and half looks like i have a battle ahead of me. did not know that she could threaten me and tresspass on my property and i would go to jail!!! sorry for the misspells im angry
Posted by Equal Justice Foundation, Inc. Member
Unfortunately, accusations of domestic violence has become the tool of revenge. A spouse or live-in can file against the other claiming domestic violence or fears of it. Unfortunately, many such cases are now being abused as a way to disempower the opponent and get the upper hand in separation and/or divorce proceedings.
Posted by dorina
april 27 2011 falsley accused of domestic violence so my x husbans employers aka step mom and dad could cover up they were violating family law codes. wage garnishment. they run a tow yard in lake elsinore so they have a lot to hide. but instead of my x of 4 years defending me and my daughter he used it against me and took my little girl. because of intimidation and abuse of authority i attempted to lower his child support and drop arrears. i had to litterally walk away from my new hospital job and go through criminal court with his parent. now 1 year later im fighting family law because he filed domestic violence against me. i subpeonid the dcss but now i got a letter due to domestic case i cant get the records to show my proof to family law.im so sorry i every married into a corrupt family. one officer took the stand that arrested me but i had a copy of citizen arrest by stepmom and signed by another officer as a witness.im still fighting. i miss my babygirl. i cant fight the whole town and never wanted to. before she threatned my life she should have read my letter that showed i was lowering and dropping arrears so they wouldnt get audited. its been overwhleming and humiliating.but i will stand tall.
Posted by Brian Watson
Mine was in 1993 in Monterey CA. It was not true, I tried to get a professional to fight this years later, which I thought was an Attorney called "Criminal Histroy Cleaners". I thought he was an attorney, was I wrong. I want may name cleared as it was completely a bogus charge by an angry girlfriend that threated sucicide every other day. She called, because I was leaving, but that made sure I stayed until I went through the scam counciling that cost me thousands. At the time I could not afford an attorney and others said if I lost I might never see my kids agains. I am still so upset about it, the police railroaded me, I and waited until I some how in their minds admitted to this scam.
Posted by Christine
2 grueling years , lost EVERYTHING...but NEVER gave up. Finally 2 days ago...a NOT GUILTY verdict within 10 minutes. This has been the hardest thing I have ever faced in my life. Now, its time to fix things. To get my life back, I have to sue those who wrongfuly accused me. Its my Daughters Father but I deserve to get my life back, so I need to do what needs to be done. I dont believe in revenge, but, its the only way for me to get my life back. Keep fighting and NEVER give up on what you believe in.
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