False Accusations of Domestic Abuse

False accusations of domestic abuse can be devastating for those accused, affecting their personal life, reputation, and having legal or custodial consequences. If you are falsely accused, it is important to speak to a specialist family law solicitor to understand your rights and take appropriate steps to protect yourself.

Domestic abuse can include physical violence, emotional abuse, coercive control, and economic abuse. It is not limited to physical acts and can also include harmful behaviours that are used to exert control and power. Domestic abuse can happen in any relationship regardless of gender, age, or background. Domestic abuse is a criminal offence and allegations must be taken seriously to ensure the safety of potential victims.

It is important to seek legal advice from an experienced domestic abuse lawyer as quickly as possible if you face false allegations of domestic abuse. Avoid contacting your accuser, as this could be misinterpreted as harassment and fully cooperate with investigations or court proceedings. An experienced family law firm will be able to help put together your defence against the false claims, minimising any reputational damage and guiding you through the legal process.

Maintaining your composure is essential. You must avoid any type of retaliation or knee jerk reaction as responding emotionally can worsen your situation – this includes your actions in person and online, for example on social media. All communication with your accuser should be handled via solicitors or the courts. If you have been accused of domestic abuse as part of your divorce proceedings, you should seek professional advice from a family lawyer.

If you are accused of domestic abuse, you may face a police investigation where the police gather evidence and may interview you. Your solicitor will be able to get disclosure of the evidence against you if they are present at your interview. You will either remain in police custody while the police wait for the Crown Prosecution Service (CPS) to decide whether to file charges against you, or be released on bail while the investigation is ongoing. A court date will be set if the CPS determines that there is enough evidence to prosecute you.

The police can request a domestic violence protection order (DVPO) on behalf of your accuser. If this is granted by the court, you will be barred for up to 28 days from visiting your shared home or making contact with your accuser.

Your lawyer will be able to advise you on the best approach to take during the police interview, negotiate the limitations on your freedom of movement if you are bailed, and help you challenge the claims effectively and navigate the complex legal process.

A Non-Molestation Order (NMO) prevents contact or specific actions deemed harmful. If your accuser applies for an NMO there are two options available to you.

Providing an Undertaking: You may agree to abide by certain terms without accepting any allegations made against you.

Defending the Allegations in Court: If the claims are baseless, your solicitor can help gather evidence and argue your case before a judge.

Responding promptly and appropriately to an NMO application is vital to avoid unnecessary restrictions or legal repercussions.

False accusations of domestic abuse can have profound implications, affecting your freedom, reputation, and relationships. Taking decisive action by seeking expert legal guidance while maintaining a calm and measured approach.

At Hawkins Family Law we can provide invaluable support, offering tailored advice, representing you in court, and working to resolve the matter efficiently. If you face unfounded domestic abuse allegations, reach out to experienced professionals who can advocate for your rights.

As leading family lawyers in Milton Keynes, we can help advise you about false accusations of domestic abuse. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford solicitors, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.