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Is your spouse accusing you of domestic violence?

On Behalf of | Mar 9, 2023 | Criminal Defense, Domestic Violence |

Having arguments with your spouse is a normal part of marriage. It is an unavoidable aspect of the communication process. Domestic violence is an entirely different story. It is when one person causes or attempts to cause physical harm to another in their household.

When an argument escalates, your spouse may feel you want to hurt them. And suddenly you face an allegation of domestic violence, which is an extremely serious crime. The information below could help you prevent further damage from these unfair accusations.

Avoid being alone with the accuser

Cease one-on-one interactions with your accuser. If no one is there to testify against their allegations, then the accuser can use this personal meeting and make it appear to be a confrontation. If they want to meet to give you time with your children, do so in a public place or at a relative’s home where other adults are present.

Use your right to remain silent

If the accuser calls the police and they appear in your home, the police may arrest you if they find probable cause. However, when the officer sees no evidence of domestic violence, they must make a report detailing the entire incident and why they did not make an arrest. In Missouri, if any law enforcement officer is called to the same residence within 12 hours, they might have to make that arrest with or without probable cause.

As much as possible do not say anything that can put you in a position of guilt. You have not done anything wrong, so you do not need to defend yourself. An officer can act friendly and try to secure your side of the story. There is no story to tell if nothing happened.

Remain calm and collected

It is infuriating when someone accuses you of something you did not do. Do not let your emotions prevail over your logic. Witnesses can perceive reasonable anger as wrath, and they might start thinking you are capable of domestic violence or abuse.

Domestic violence penalties are harsh. It is a criminal offense that can stick with you for the rest of your life, but you have every right to defend yourself against these allegations.