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Levitt & Levitt | Because Experience Counts
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Defend yourself from a false abuse accusation

On Behalf of | Nov 5, 2018 | Domestic Violence

Family arguments can get heated, and when alcohol is thrown into the mix, people can act in an irate or an accusatory manner. Having passionate and strongly held views in an argument is not a crime, but domestic violence is. There are many ways to define domestic violence, therefore very often false accusations are made in the heat of the moment.

If you have been accused of domestic violence in the state of Tennessee, it is important that you first of all understand how domestic violence is defined under the law. Secondly, you should understand how you can effectively defend yourself from a false domestic abuse accusation.

How is domestic abuse defined?

Domestic violence is defined as an incident in which abuse, violence, threatening or controlling behavior is exercised. In order for an act to be classified as domestic violence or abuse, physical harm does not necessarily need to be executed. Threat of violence or the act of controlling another is also an act of domestic violence. However, heated arguments are not necessarily acts of domestic violence even if there is yelling and anger involved.

How can I defend myself from a false accusation of domestic abuse in the state of Tennessee?

If your partner has alleged that you committed an act of domestic violence, it is likely that you were served with an order of protection before law enforcement officials had time to investigate the case. This is standard procedure in order to provide protection for the victim.

A false allegation of domestic violence is very important to defend, since it could have far reaching implications for your career, custody of your children, and your reputation.  Also, a conviction for domestic assault will result in you losing your rights to own or posses a gun.

Taking action early can help you to show that there is a severe lack of evidence pointing to your guilt. For example, if you are accused of physical assault, taking action early will be beneficial in proving that there was no evidence of bodily injury.

If you are worried about the implications of a false allegation of domestic abuse in the state of Tennessee, it is also important that you act appropriately. You should always observe the order or protection that you were served with, and remain calm at all times.

State Bar of Georgia
TBA | Tennessee Bar Association
CBA | Chattanooga Bar Association

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