When it comes to divorce law, many become self-proclaimed experts. A hairdresser may pass on advice she heard while attending to another customer. The bartender may repeat tales of hiding assets or fabricating stories. Whether the idea comes from you or another, certain conduct is unacceptable. Assuredly, false domestic violence complaints are bad strategy.
Criminal Charges for False Allegations
Inventing tales may be okay if you are penning a novel. However, anything you say in support of a domestic violence complaint must be factual. Otherwise, you are in clear defiance of the law. Your actions could cause you to face criminal charges.
It was last fall when one New Jersey woman learned all about the consequences of making false domestic violence allegations. According to news reports, the West Milford woman was ordered to five years probation for lying about domestic violence. If her strategy involved making her child’s father look bad, she instead maligned herself.
The domestic violence story was concocted by the woman and a male friend. The woman claimed that the father of her child stalked her, pointed a gun at her, and assaulted her. All of this would constitute domestic violence if it was factual. In fact, the father of the child was jailed for eighteen days related to these accusations. Ultimately, the woman admitted to the court that she made false domestic violence complaints.
What Constitutes Valid Domestic Violence Claims
There is a very important reason to file a valid domestic violence complaint. The purpose is to document the act and to seek protection under the New Jersey Domestic Violence Act. The law is very specific concerning what constitutes domestic violence. The State of New Jersey offers some important documentation concerning protection under the statute. It also spells out the criminal acts included as domestic violence as listed below:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
Defending Against False Domestic Violence Claims
What happens if you are on the receiving end of the false domestic violence claim? This is not the time to call the person making the allegations and try to work things out on your own. In fact, it is crucial that you avoid contact with the individual. Your best option is to discuss the matter with experienced legal counsel.
There are a number of reasons to defend against a false domestic violence claim. False allegations can still put your livelihood in jeopardy, as well as your reputation. It is never a good idea to try to ignore charges, even those that are unfounded.
Contact Us
As an attorney whose practice concentrates on family law, Sam Stoia has experience in domestic violence claims. Contact Sam to set up a complimentary appointment to discuss your case.