What to do if You Were Arrested for Domestic Violence While Defending Yourself

 Posted on August 14, 2023 in Criminal Law

The police can only decide who to arrest during a domestic disturbance call based on what they see after they arrive. What they see may be misleading and not representative of what actually happened. Often, the perpetrator of domestic violence is calm when the police arrive because they have been in complete control of the situation. The victim, however, is more likely to be in a highly emotional state due to having just been assaulted. Additionally, domestic abusers have a tendency to lie and blame the victim in order to avoid being arrested. There have been cases where the police have mistakenly arrested the victim. Famously, Utah police misidentified Gabby Petito as the aggressor in a domestic disturbance just weeks before she was found dead, having been murdered by her boyfriend. If you have been falsely accused of domestic violence while defending yourself, there are steps you can take to protect yourself legally. The first thing you do should be to call an attorney. 

How to Respond to a False Accusation of Domestic Violence

First, it is important to follow the terms of any protection order issued against you. The police or court likely provided your abuser with a temporary order. If you lived with your abuser, this means that you cannot go home. Even if your partner insists that you come home and promises not to call the police, you should refuse all contact with them. 

The police will likely try to question you, hoping you will admit to assaulting your partner. Say nothing except that you want an attorney. The police may behave in a friendly manner or even suggest that they believe you and want to help, but it is important not to say anything until your lawyer arrives. 

Your attorney can help you begin building a defense. You likely need to document any injuries you sustained during the incident. One common reason why the police arrest the wrong person during domestic assaults is when the aggressor has an obvious physical injury caused by the victim defending themself, while the actual victim initially appears unharmed. 

Remember that your arrest is not a conviction. You will have a chance to defend yourself in court. In some cases, your charges could simply be dismissed. In others, you may need to go to trial. It is critical to be represented by an experienced criminal defense lawyer. 

Contact a DuPage County Domestic Violence Lawyer 

Davi Law Group, LLC is highly experienced in defending people who have been charged with domestic violence. Our committed DuPage County domestic violence attorneys will do all we can to keep your record clean. Contact us at 630-580-6373 for a free consultation. 

Sources: 

https://www.nbcnews.com/news/us-news/report-finds-utah-police-made-mistakes-encounter-gabby-petito-brian-la-rcna12024

https://domesticviolence.org/can-you-be-falsely-accused-of-domestic-violence/