Domestic violence is often referred to as an epidemic in our society. There is a constant flow of domestic violence cases coming and going through the criminal justice system and law enforcement is receiving and responding to domestic dispute calls every day. However, this does not always mean that there are actual incidents of clear domestic violence in every one of these situations, in fact, part of the problems with domestic violence cases and reports is that they are often used in a vindictive fashion to try and get another spouse in trouble so they can win the argument by having the police step in.
Defending Yourself Against False Domestic Violence Claims
A common factor in domestic violence claims is that the spouse or partner making the allegations later reconciles with the defendant in the criminal case and no longer wants to testify against them. In cases of actual domestic violence this could be a bad situation where the spouse is putting themselves in harms why again based on promises of change. However, in other cases where the alleged victim just called the cops to get their spouse/partner in trouble then it is important that they be able to stop the false charges that they have started. However, the only way they can do that is through spousal immunity meaning if the parties are married then the “victim” can refuse to testify against the defendant. If the parties are not married then the “victim” can be held in contempt of court if they do not testify meaning they will have to testify against the defendant and will most likely continue the story that they were injured so that they don’t get in trouble for making a false claim.
Ogden Criminal Defense | Fighting Domestic Violence Charges
If you have been charged with a domestic violence charge in Northern Utah, like Brigham City, Layton, Kaysville, Ogden, or Logan then call the attorney’s at Ogden Criminal Defense Lawyer for help. We understand the special nature of domestic violence claims and how to defend against them so contact us right away to get your questions answered.
