Issues Faced By Those Accused of Domestic Violence
Issues Faced By Those Accused of Domestic Violence
Domestic Violence Allegations in New York State
Domestic violence is a serious criminal allegation that can come with major penalties in the form of fines, jail time, and convictions on your record. But there are many other possible implications of a domestic violence allegation.
The act of committing domestic violence can include so much more than an incident between a husband or wife but instead include individuals in an intimate relationship. “Domestic” violence could also include an incident between a parent and child, those within the same family (like a brother and sister), or those who have once lived together but have since moved on. Further, domestic violence can also include far more than just physical violence, but instead also include sexual violence, emotional abuse, and threatening or controlling behaviors.
Being accused of domestic violence, or receiving a “false allegation,” is an unfortunate part of life, resulting in a web of complex legal proceedings that require qualified legal representation just in the same way as victims of domestic abuse. In 2025, this has become a growing concern for many parties, where one individual accuses another with claims that are simply false.
Many clients do not understand that false accusations should be treated in just the same way as accusations that are inherently truthful. Both instances come with complex legal consequences
What Is A False Domestic Abuse Allegation in New York?
Typically, a false allegation of domestic abuse occurs when one partner lies or fabricates information about domestic abuse. This can occur after a heated argument, online in a social media post, or after the demise of a relationship. Sometimes, false allegations are made in the midst of a heated divorce, or as a means of inflicting emotional harm to another. In some cases, drug and alcohol abuse can spark heated conflicts, where accusations are made that have extensive consequences for both parties involved.
Whatever the reason for a party to make these false allegations, they come with serious consequences for the accused, regardless of whether or not they are true. Often, when information is fabricated, the accusing party simply doesn’t understand how serious it is to lie about this information and the consequences that could result from it.
A false accusation of domestic abuse can occur between two parties in a romantic relationship, but also between a parent against a child, or also a child against the parent. These cases vary in their nature but typically occur between two parties in an intimate “domestic” relationship. In many instances, the individual who makes false claims is unaware that their allegations will result in a formal arrest, while a very complex legal case is set to follow.
What To Do When You Are Falsely Accused of Domestic Violence New York
Whether or not you have been arrested for a false allegation, the very first step is to reach out to a qualified law firm or attorney who can explore every option available to you. Speaking directly to law enforcement and sharing your side of the story can be used against you, and clients are encouraged to not speak with law enforcement without the presence of a criminal defense attorney who is qualified in these matters.
Attempting to explain the nature of the relationship or your side of what transpired that day could result in such information being used as evidence at a later date. Should you be arrested, politely refrain from answering any questions about the allegations, and request to speak with your attorney. Protect your innocence and leave the complexities of any sort of allegation or arrest to those who understand the laws and can carefully navigate them on your behalf.
The Most Common Issues Faced By Those Accused of Domestic Violence
Domestic violence is a complex matter and clients should know that false or fabricated allegations can have extensive and life-changing legal consequences.
Arrest
Even an entirely false claim of domestic violence can result in your arrest. Many times, law enforcement will trust these claims and even look to gather further incriminating evidence against you.
Fines
Domestic violence comes with different classes, including felony charges that come with possible fines.
Prison Time
False allegations against an accused party can result in up to 25 years in prison for a felony charge, while a misdemeanour can result in up to a year of jail time.
Criminal Record
Limiting your ability to not just work, but also travel.
Child Custody Challenges
If you’re accused of domestic violence in the midst of a custody battle, this could strongly impact the rights you have to see your children. For example, if the other parent is arguing that you abused the children at any point, you may lose the right to spend time with your children or be ordered to see your children under court supervision. This is not the way that most parents wish to interact with their children, so you need to respond to any allegations seriously and take action to protect yourself in court.
Damaged Reputation
Family and friends who discover that you have been accused of domestic violence might start treating you differently, wondering if the allegations are true or not. It can be very difficult to untangle these kinds of allegations after the fact, so be prepared for an uphill battle. Getting a criminal defense attorney to represent you will help show that you take these accusations seriously. Coworkers or business partners who learn about the charges might treat you differently, too, even if the charges are trumped up. You might find it more difficult to advance at work due to a perception that you may be guilty.
Criminal Charges Impacting Your Ability to Find Employment
A false allegation that results in a formal conviction against you could complicate your ability to find work. Criminal background checks can uncover your criminal history, and many employers will pass on the opportunity to hire you. Some clients may need to explore new career paths entirely in order to find full-time work again.
Restrictions on Firearms
Domestic violence convictions can also restrict your access to firearms, where your ability to purchase or possess firearms may be revoked entirely.
Implementation of An Order of Protection
A New York court could order you to limit your actions as you may pose a risk to your children or family members. These orders can have life-changing implications, calling for you to sell your home and move to a different area, or call upon you to pay additional fines or child support.
Contact Us Now and Know Your Options
As you can see, the repercussions for a domestic violence accusation run deep. Respond accordingly and retain an experienced New York criminal defense attorney as soon as possible after you have been charged. Julie Rendelman is a lawyer with over 22 years of experience both as a prosecutor and a defense lawyer.
Whether or not the claims against you are true or not, having a qualified attorney to guide you throughout the process can preserve your quality of life and potentially limit fines and jail time. Not taking these allegations seriously from the very beginning can change your life altogether. There is no risk for you to simply reach out for legal representation. You are not alone during these challenging times and we have specialized in these delicate matters for decades. We are familiar with the nature of domestic violence in the state of New York and are highly capable of defending your reputation and acting in your best interests.
Leverage our legal resources to push back on false accusations made against you.
Ms. Rendelman offers free consultations. Call 212-951-1232 to arrange for a consultation. Even if you have not been charged with a crime, but you are concerned that you are the subject of a criminal investigation, it is best to work with a lawyer as soon as possible. A lawyer can help guide you through the criminal justice process and represent you in court, if necessary.
Don’t delay, contact us now and reach out to us via phone or email to learn more.
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