When the supporting evidence is insufficient to determine whether an accusation is true or
false, it is described as a false accusation or unsubstantiated claim. In this fast growing economy, domestic abuse is a major problem. However, there a system is in place to address the problem, despite the fact that the system is seriously flawed.
Most domestic violence lawyers have to face false allegations at one point or another. False accusations often affect custody agreements and are a common “tool” during divorce proceedings. There are three types of false accusations.
1. An allegation that is completely false in that the concerned events that were alleged did not occur.
2. The allegation of domestic violence is true, but the defendant is not the person who committed the crime.
3. The allegation is partially true and partially false.
Domestic violence is a crime of violence, stalking, battery, and assault or criminal harassment, perpetrated by a person against a household or family member. All of the States within the United States of America have their own individual laws governing how these types of accusations are punished.
False accusation of rape
A false accusation of rape is an accusation of rape in which no rape has occurred. Unsurprisingly, it’s not easy to access how often fake accusations occur as there are often conflicted non-prosecuted cases under unfounded designation. In the United States, 9% of rape accusations were regarded as false or unfounded according to the FBI Uni¬ criminal Report in 1996 and the Department of Justice.
False accusations of child sexual abuse
A false allegation of child sexual abuse is an accusation that a person claims one or more acts of child sexual abuse, but in reality, no such actions of abuse occurred. Such accusations can be brought by the victim himself or by the victim’s next of kin. According to a study of child abuse, the overall rate of false or fake accusation is under 10%.
Consequences of Domestic Abuse Claims
Allegations of domestic abuse can be of two types, 1st is civil and 2nd one is criminal consequences. In the civil context, an allegation of abuse can be in domestic abuse restraining orders, known as protective orders. They may also have a criminal context related to battery or assault.
The significance of a judicial finding that domestic abuse occurred can have a dramatic impact on a case. In the context of criminal cases, fines may be imposed and no orders entered that includes requiring the perpetrator to have no contact between parents or to vacate the family residence.
What should I do after a false claim?
If your relationship begins to turn sour, you’re scaling extreme hurdles, and your “loved one” begins to act in such a way that you believe that he/she will file fake domestic abuse charges against you, you should take some actions to try and protect yourself. Don’t just hope that they would never file a charge against you.
Notify your other family members about the reality of the issue before the false abuse charges are filed against you. Couples often share their important credentials with each other like back accounts, laptop login info, cell phones and anything else that contains their important information. All of these passwords must be changed.