If you have been arrested and charged with domestic violence or abuse, you may believe that you have no option but to accept the consequences. The reality in many domestic violence disputes is that there are no witnesses other than the parties. Because of the "he said, she said" nature of these proceedings, and because of prosecutors' unwillingness to allow an alleged victim to renege on charges of domestic violence, the situation can seem hopeless. That's when you need an experienced and aggressive defense attorney.
At the Law Offices of Mallon & Tranger, we fight for the rights of people who have been charged with a crime, including domestic violence. We will carefully gather and review all evidence, prepare any documents required by the courts, and be your voice in any hearings or proceedings, including requests for protective or restraining orders. To arrange an appointment, contact us by e-mail or call us at 732-702-0333. Your first consultation is free.
Is There an Ulterior Motive?
In many domestic violence situations, the allegations mask a hidden agenda. You may be in a volatile relationship with someone who feels threatened when you seek to end the relationship. They may falsely accuse you of abuse as a way to punish you for not staying with them.
Another common circumstance where parties falsely allege domestic violence involves obtaining leverage in divorce, custody or visitation battles. A spouse or domestic partner who wants to limit your access to your children can accuse you of violence toward them or the children.
How Do You Defend Yourself?
Because these types of crimes seldom have witnesses, you will need to bring in circumstantial evidence to support your innocence. This can include prior assertions of domestic violence by the alleged victim, as well as any other information that tends to bring their credibility into question. If you can show that they have lied in the past, you have evidence that their current assertions may also be fabricated. In addition, if you can show ulterior motives, such as advantage in a divorce proceeding or a desire to punish you, you may be able to convince a court of your innocence.
Exercise Your Constitutional Rights
Any time you are taken into custody, you should exercise your constitutional rights. You have the right to remain silent-exercise it. Don't say anything to police or prosecutors until you have a lawyer present. You have a right to be free from unreasonable search or seizure. Don't let police in your home to conduct a search without a valid search warrant.
Contact Mallon & Tranger
We offer a free initial consultation to people under investigation for or charged with domestic violence. To set up a meeting, contact us online or call us at 732-702-0333 for an appointment. We have offices in Freehold, Toms River and Point Pleasant.