In a heated family argument between two spouses, push can come to shove, and it happens more often than anyone cares to believe. That said, sometimes it doesn’t happen. Sometimes, a spouse will falsely accuse the other spouse of a domestic violence act. Because New York laws regarding domestic violence are strict, it doesn’t matter what you say after you’ve been accused. The police will likely show up at your door and take you away.
Police err on the safe side with domestic violence
Law enforcement officers tend to err on the safe side when it comes to a domestic violence accusation. It makes sense. It’s better to play it safe and arrest someone to prevent the chance of injury or death than to do nothing.
However, this opens up innocent spouses to being caught up in a false domestic violence accusation. Maybe your situation sounds something like this: You and your wife have recently decided to get a divorce. You’re not even living at the same house, but the day you show up to pick up your kids for a visit, your soon-to-be ex is on edge, and doing everything she can to get into an argument. You take the bait and match her tone of voice. Before you know it, she’s on the phone with the police to report a domestic violence incident.
You didn’t do anything wrong
You might not have done a single thing wrong, but the police officer doesn’t know this. Your wife might have accused you of domestic violence to gain the upper hand in your ongoing child custody dispute, but it doesn’t matter. The arrest happens and now you have to defend yourself against the charges — and the pending restraining order — or face the potential of losing contact with your children.
Time to get help from a New York criminal defense lawyer
A New York criminal defense lawyer can help you defend yourself against the domestic violence charges you’re facing. After you contact your lawyer, he or she will look at important factors regarding your domestic violence accusations, such as the gravity of the alleged victim’s injuries, whether children were involved and whether the alleged incident included a violation of a restraining order. Once the facts and evidence surrounding the charge are clear, you defense lawyer will formulate the most appropriate strategy to counter the charges in court.