Gladden Legal, LLC

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What to do after a domestic violence accusation

A false accusation of domestic violence can be devastating to your life and career in Georgia. You could face a felony or misdemeanor conviction and receive a probation period, jail time and hefty fines while your spouse can get more out of your marital property and your child’s custody thanks to the state’s Family Violence Protective Order.

Even after you served your jail time and paid off your times, it can be difficult to get your life back together with your financial issues, companies not wanting you and your former friends no longer trusting you. If you want to minimize or erase the potential harm this accusation can have on your life, it is important to take the following steps very carefully:

Do not incriminate yourself with the police

Your spouse may call the police to take you into custody. When the officers arrive, do not resist arrest or show any signs of aggression. It would make it more believable to the court that your spouse had good reason to call the cops over.

Aside from giving them your name, keep the details about the case minimal. It is not illegal to hold back on certain details of the incident as you do have the right to remain silent. You also need to be careful talking on the jail phone as despite what it may seem, the area is still public and anything you say there is usable against you.

Do not see or talk to your spouse

In most instances, the court forbids the accused to contact their spouse after a domestic violence accusation. Doing so will violate your sentence or your spouse’s protective order and you will face further penalties.

Even in the small chance that you could talk or see your spouse, you should still avoid doing so as your spouse can still use the encounter in court. The court could see it as emotional abuse or stalking. You should also avoid talking to them or posting about them on social media, as the public access that they or your friends have to your account can also damage your case.

Get legal assistance

After the accusations, one of the first actions you should take is contacting a Georgia criminal defense attorney. They can help you build your defense and find any inconsistencies with your spouse’s claims. Your spouse could lack proof of the incident or the accusation was deliberately done to get back at you for breaking up. It's happened before.

With how detrimental a domestic violence accusation can be to your life, it is crucial to find the right attorney to prove your innocence to the court. A guilty verdict can make it significantly harder to move on with your life after your separation and could make you be seen as a monster to your close ones.

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Gladden Legal, LLC
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Roswell, GA 30076

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