If you have been falsely accused of domestic violence, it is essential to know your rights and how to properly defend yourself. Read the FAQ on False Accusations bellow and get answers to your most pressing questions about domestic violence and its laws and procedures here in Los Angeles.
Do I Have Rights if I Have Been Falsely Accused of Domestic Violence?
For many people, false accusations of domestic violence can be an unfortunate reality. Unwisely, some partners are employing it as a strategy to gain the upper hand in a divorce situation. But how can we deal with those false accusation when they happen against us.
Falsely accused people need to come forward and present their cases and their situation to a judge in the strongest way possible, that is why it is very important to have an experienced Los Angeles Domestic Violence Attorney hired to be next to you during these whole process.
In case there is already a temporary restraining order against you, you have an opportunity to go before the court at the final restraining order hearing, which is essentially 10 days beyond the issuance of the temporary restraining order.
At that hearing, you can present testimony and witnesses. You can even bring the police officer that was there at the time of the original incident. Try to give the judge everything that is necessary to clear your name.
How do I “lift” a restraining order entered against me in Los Angeles?
If you are a defendant and have a Final Restraining Order (FRO) entered against you, in order to have that order removed, you must file an application with the court and then appear in court in order to tell the judge why the final restraining order should be removed. You have to prove to the judge that the legal requirements needed for removal exist. These factors are:
- Whether the victim consented to lift the restraining order;
- Whether the victim fears the defendant;
- The nature of the relationship between the parties today;
- The number of times that the defendant has been convicted of contempt for violating the order;
- Whether the defendant has a continuing involvement with drug or alcohol abuse;
- Whether the defendant has been involved in other violent acts with other persons;
- Whether the defendant has engaged in counseling;
- The age and health of the defendant;
- Whether the victim is acting in good faith when opposing the defendant’s request;
- Whether another jurisdiction has entered a restraining order protecting the victim from the defendant; and
- Other factors deemed relevant by the court.
How do I defend myself against false accusations of domestic violence?
If you are falsely accused of domestic violence, you need – before doing anything else – to know your rights.
First of all, consult with a Los Angeles Domestic Violence Attorney, one who is experienced in defending people against false restraining orders. Then, you must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
And remember it is up to the judge whether or not to enter the final restraining order against you, after hearing all of the evidence presented by you and the plaintiff. That is why Hiring an experienced Los Angeles Domestic Violence attorney as soon as possible is the best decision to take in these crucial times.
After I filed for custody of our child my ex girlfriend lied and said I hit her. What Should I Do?
As we mentioned while answering another question above, it is really sad that some people attempt to use the domestic violence laws here in Los Angeles as a way to gain what they believe is an upper hand in a custody battle or even in a divorce.
However, it is easier to get a Temporary Restraining Order (TRO) than a Final Restraining Order (FRO) and judges are trained to recognize using domestic violence as a weapon in custody disputes.
In your FRO hearing, your ex girlfriend will have to prove not only that you hit her, but that she has a continuing need for the protections of an FRO. Without sufficient proof such as photographs of injuries, police reports, witnesses or medical reports, it will be difficult for her to prove her case.
Finally, If you have any concrete proofs of your own, such as evidence that you were somewhere else when she alleges you hit her, be sure to bring them to the hearing and most importantly consider hiring a an experienced los Angeles Domestic Violence attorney to represent you in court.
My ex-girlfriend has a Temporary Restraining Order against me and she has just sent me an invitation on Social Media. Should I accept?
To protect yourself, Try – by all means – not to accept any invitations from your ex because the court could see this as a violation of the Temporary Restraining Order (TRO), even if she was the one who reached out to you.
I would save any proof of these invitations or friend requests or proof of any other attempt to communication with you and bring that to the Final Restraining Order (FRO) hearing. These proofs can help you prove that your ex is not afraid of you and does not need the protections of a Final Restraining Order.
Is a final restraining order on my permanent record?
It depends on what you mean by permanent record. Final Restraining Orders or FROs are not criminal and will not appear on your criminal record. However, if an FRO is entered against you, your name is listed in a National Domestic Violence Registry which is open to searches by law enforcement and possible employers.
As part of that registry, you will be fingerprinted and photographed and ordered to surrender any firearms or gun licenses. You may also be subject to a fine to be paid to a victims’ compensation group.
How can I get a Final Restraining Order dismissed?
It is very difficult to have a Final Restraining Order or FRO dismissed here in Los Angeles. The court looks at several factors such as your exes’ continued, subjective fear of you. However, you will be given your day in court to prove your case and let the judge know that you have had no contact, have career issues with the FRO in place and that you have effectively moved on.
Consider also bringing in proof of any anger management or counseling you may have undergone since the FRO was put in place. The more evidence you can provide that your ex has no reason to fear you any longer, the stronger your case for dismissal will be.
Do I Need to Hire an Attorney?
If you have false accusations of domestic violence lodged against you, act now to safeguard your future. Speak with an experienced Los Angeles Domestic Violence attorney that understand your legal rights and develop a strategy for making the strongest case possible for you.
Protect yourself. Take the first step today by calling our Law Office for a Free Consolation. Our Number is (888) 950-0011, and we are available 24/7.