Innocent people are falsely accused of domestic violence every day, and some are even convicted based upon testimony and allegations alone. The court system states that you are innocent until proven guilty but some people don’t receive a fair trial when facing serious and violent allegations due to inadequate or nonexistent legal representation. 

False accusations of domestic violence or assault in a marital or common law relationship is far too common especially when the union is in decline. Most police departments have policies in place that require an arrest if, when the police are called to a home for domestic violence, they find evidence of any kind of an assault. That includes a neighbor calling 911 because of the noise from a husband and wife arguing and police get dispatched to that home. If someone says that he or she was assaulted, the alleged perpetrator is likely going to jail. Sometimes that is the right decision but there are instances where police are given a poor version of events or simply get it wrong.

In a significant number of cases, the charges of domestic violence are false. In some of these cases, the fabricated charges follow divorce proceedings, proceedings in which emotions are high, child custody is at issue, and restraining orders are being sought. Unethical friends or family members will sometimes tell the faux victim to file a criminal charge of domestic violence against his or her former spouse in order to gain a tactical advantage in their divorce case.

In Tennessee, an alleged victim in a domestic violence case does not have the power to drop the charges. The decision to charge rests with the police, but the responsibility to prosecute is within the sole discretion of the district attorney’s office. Most prosecutors will not dismiss a charge of domestic assault at arraignment, even if the alleged victim asks for this to be done. If you are charged with domestic assault, violation of a restraining order, or any other type of domestic violence, you should retain experienced Mt. Juliet criminal defense and family law attorney Donna Wagner immediately.

Ms. Wagner is dedicated to protecting the rights of the falsely accused.  She can help fight to preserve your reputation and to clear your name of the charges and will work tirelessly to obtain a favorable outcome so that your criminal record remains clear and these accusations do not follow you into the future.