Undoubtedly, the law is a vital part of society because it helps everyone stay safe and seek justice. Regrettably, the law can take a bite out of a person that doesn't deserve it, and if you happen to be the one falsely accused of domestic violence, then you are definitely feeling that bite.
Domestic violence is a serious charge that could definitely get the book thrown at you, so being found guilty of something this serious is something you don't want. Even an allegation can have detrimental effects on your life, so this is definitely a time to hire a criminal defense lawyer. The Law Offices of Ruben Ortiz is more than ready to help you, and we want to.
What Exactly is This Charge About?
The first thing is explaining what domestic violence is. Understanding what this charge means should help you understand everything a lawyer is going to ask and how we are going to help you. A lot of folks imagine that domestic violence only deals with physical actions, which is not the case.
Each state is different when it comes to how particular charges are defined, but Texas defines it as an assault against a family member, household member, or a dating partner (both past or present). The following are forms of assault:
- Intentionally or recklessly causing bodily harm
- Intentionally threatening someone with physical harm
- Intentionally causing physical contact with another person who the offender knows
It should be pointed out that harm or the threat of harm could include the following:
- Mental abuse
- The destruction of personal items
- Bullying done online
- Sexual abuse
- Throwing things towards the victim even if the intention wasn't to hit
Digging in a Little Deeper
We understand how you feel. There are a lot of reasons why someone would want to press these kinds of false charges, which could really throw your life off course. Perhaps the arguments you've had with this person have angered this individual enough, or maybe something occurred that really got under this person's skin.
No matter how real these reasons may be, being falsely accused of something so heinous must be defended. The law is not going to be on your side at this time. If the alleged victim and the prosecutor want to continue, you will have to defend yourself as ferociously as possible. This does mean having us on your side because we've been through this before, and we know how to approach these types of cases.
Each case is unique, so your particular defense will have its own DNA that we'll be more than happy to discuss and put together a plan to help you move forward.
How to Fight a False Accusation?
Whatever you are going through has just gotten worse with this hanging over your head. You know you didn't do anything, yet this accusation is there, which may understandably lead to very strong feelings.
You might feel despair, or you might feel fury, but you are going to have to do your best to lock these feelings up in a safe inside your mind because these feelings can cause you to make wrong decisions. Trust us; this is not the time to make wrong decisions that could end up costing you your life.
One of the most important steps we take is making sure we not only explain everything that is going on but how we are going to defend you. The reason we do this is that we need to make sure you feel as calm as you can because any actions that could be interpreted as manifestations of anger may be used against you later on.
If the domestic violence charge is carried out, the court is going to set a date to hold the trial. Here is where you and your representative are going to have a chance to present your side of the story. It is important to get the story right, which is something we are going to work on with you. The way your story is told can sometimes be the deciding factor in a case.
One thing our team is going to do for you is to gather all the evidence possible that could help you in this case. We are also going to highlight all the evidence that is lacking, which may end up helping us discredit the prosecutor along with the accuser. The following are some items that we may use during this case to clear you from this false charge:
- Try to start a journal documenting all interactions between you and the accuser.
- Collect all documented interactions between you and any witnesses that may help collaborate your story or discredit the accuser's story.
- Get medical records that can point out discrepancies.
- We'll point out the lack of physical evidence, such as photographs.
- Get a poignant dissection of any witnesses that may be attempting to collaborate this false story.
- Gather additional proof that could help the judge see that the accusation is a false one.
Keep in mind that this is a general defense plan, not a specified one. Each case is different, and Law Offices of Ruben Ortiz will formulate a specific plan that can give you a chance of overcoming this false accusation.
It is important to note that no case is ever certain; your life and beating this depends on the strength of your case, so guarantees cannot be made.
For more information on what steps you need to take to protect your rights and your future, give our team a call today (915) 308-8850. Our award-winning El Paso criminal defense attorneys will be able to discuss your case over a free consultation, allowing them to put together a plan to protect your freedom best.