False Accusations in Maryland Domestic Violence Cases
There are varying degrees of false accusations in Maryland domestic violence cases. Rarely is an accusation completely fabricated. More frequently, is the half-truth that was overexaggerated. A possible reason for fabrication could be jealousy, but that is rare. Usually, there is some basic truth that can support it with a charge. Anyone facing a situation like this should contact an experienced domestic violence attorney to be able to best protect their rights against their accusations.
Motivation for False Accusations
False accusations in Maryland domestic violence cases can be motivated by anger, jealousy, and frequently it could be done out of spite. Individuals could use the courts and the police as a way to get back at the person they are upset with. Individuals who have separated or divorced who are now in a hostile custody battle may fabricate or exaggerate some incident to try to make the other individual look worse in the eye of the custody proceedings.
Protection from Allegations
Sometimes a person cannot avoid every instance of false accusations in Maryland domestic violence cases. Frequently, there is a history between the parties that can indicate that something may happen—arguments start to break out or things have been hostile. In that situation, either leave or maybe pull out their phone and start recording, get a witness involved, call somebody so they can hear in the background what is happening because if the individual just has to protect themselves, they have the evidence to back up the fact that they did not do anything wrong and the other party was either the aggressor or is fabricating everything.
Consequences of an Accusation
Even a basic misdemeanor second-degree assault charge with no weapon involved can carry up to 10 years incarceration. The significant sanctions from having a crime of violence on a person’s record and facing up to 10 years’ incarceration, not to mention a $2,500 potential fine, makes it essential to take these charges seriously. Employers will look to anyone’s record for even basic occupational careers and having a crime of violence on a person’s history is going to be problematic for those individuals.
Everyone has a presumption of innocence for false accusations in Maryland domestic violence cases. They need to maintain their innocence and protect their interest by getting an attorney. An attorney is the one that is going to help them through every stage of the process and avoid a lot of pitfalls that can happen when individuals start to do take on their own case without proper guidance.
Sometimes, in domestic violence, alcohol is a precipitating factor or is related. With DUIs, a person can get in an alcohol class or treatment education. Similarly, anger management, counseling, or other programs may be available for individuals falsely accused or otherwise in domestic violence cases to help show the prosecution that they are working on the issues present in their relationship. There are a lot of possibilities and a lot of ways to do it but it has got to be tailored to the specific reason for the charge itself.
If two individuals just do not get along, then to say that they do not have contact, they have moved on, or they have separated, that also is helpful because it shows that it is less likely to resurface or happen again in the future. Those are all the things that can be used and come into play. It depends on the specific nature of the circumstance and what the allegation is.