Home > Lies in Separation > Being Falsely Accused of Domestic Violence

Being Falsely Accused of Domestic Violence

Author: Lorna Elliott LLB (hons), Barrister - Updated: 31 May 2011 |
 
False Accusation Rape Sexual Offence

Every year, many people in the UK are falsely accused of domestic violence. The reasons for this are wide-ranging. Some partners or ex-partners make up allegations of domestic violence to get out of a relationship that they are otherwise unhappy with, others do it to spite their partners, while some still want to ensure that they stop (usually) the father from seeing the children.

In other circumstances, a stranger, someone you know, or perhaps your child’s teacher could become concerned about an injury to your child or something your child says – and refers Social Services to you. The tragic fact is that this does happen to people who are totally innocent of any crime. Sadly, although in this country you are ‘innocent until proven guilty’, the truth is that sometimes people can get charged and found guilty for domestic violence on very little evidence.

What Can Happen

You can be arrested while in your own home, in front of your partner and children, and in full view of the neighbours. Then you can be taken to the police station, your DNA taken and held on file, and interviewed while under caution. You could find yourself in court, charged with an offence for which you have done nothing wrong. Worst of all, you could end up with a criminal conviction and sent to prison. The problem is, when emotions are running high after a break up or divorce, one call to the police can have far-reaching consequences. If word gets around your local community, you could suffer verbal abuse, harassment or worse for being a ‘monster’.

Your Rights

If this happens to you, you need to be aware of your rights. You are entitled to legal advice at the police station. If you waive your right, you may end up saying something that could be misconstrued, especially if you are tired or are lulled into a false sense of security by the interviewing officers. There have been many cases that have been successfully brought by the Crown Prosecution Service purely on the basis of an admission in interview at the police station.

If you do speak to a lawyer, tell them the truth because if you are coy, or uncooperative, they are not going to be able to advise you properly. The police may bail you to return to the police station on another date. If they do this, you MUST ensure you go back on the day and at the time specified, or you will be charged with an offence of ‘failure to surrender’ and a warrant may be issued for your arrest. If you are innocent of any crime, be persistent, stick to the truth and try your best not to get angry at any stage. If you find yourself in court, it is vital that you come across as genuine and sincere about your innocence.

Implications For Your Accuser

If your partner or ex-partner accuses you of domestic violence, when you have in fact done nothing wrong, by the time the police are involved your ex has already committed a criminal offence for which they could receive a prison sentence of up to six months. If they then go on to falsify evidence to the authorities – the police, social services etc – they are then perverting the course of justice. If the case actually gets to court, and you find yourself in the dock on trial for something you haven’t done, your accuser would in most circumstances have to give evidence in court. If they are still lying at this stage, they are committing perjury. These are all serious criminal offences for which your ex-partner could serve a long prison sentence.

See our articles on Being Falsely Accused Of Child Abuse and Being Falsely Accused Of Rape on this site.

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Comments...

I have not seen my little boy and girl since december 2010. I was with a woman who was a schedule 1 offender, she and social services told me that it was because she attacked a 14year old girl while she was in the same peer group. Cutting a long story short I was told by several different people that what she did was alot more serious than what I was told by social services. When we had our first child we had to attend case conferences as our child was on the at risk register. At around this time I repeatedely asked social services what she had done why we had to go through living with our child on the at risk register. They told me what you know is not far from the truth. That I asked these questions I noticed that social services turned their attention towards me, saying that I'm domestically violent, I'm a risk to children. This was so bad that in 2005 I attempted suicide because I did not expect what was coming from social services although been warned by people ( by the way I would never fall into that trap again ). I eventually contacted my solicitors because they would not take my son off the at risk register because I would not co-operate with them. The real truth was because I noticed that social services do not want to go near mistreated and abused children but instead try and destroy well looked after children ( there is a reason for this ). When my solicitor got involved they called him by phone and said they had no problem with me, subsequently they released my child off the at risk register and disbanded. 2 years later we had another child a girl, we also got married a year previous. A year after my daughter was born we divorced, because I realised I was living in some sort of trance. I was happy attending university, had a new partner and seeing my children every fornight over the weekend and having them school holidays. Another story short, she got herself a new partner and asked me to come and meet him which I did. after that she had me arrested for every crime on this planet, screwed my university course up with the help of corrupt police officers and social services. My daughter told my partner that her mums boyfriend smacks her hard, my partner said that he should not be doing that and that daddy does not even smack you. Her mother launched a verbal assault on my partner through text msgs and phone calls, because of this I decided to report the matter to the police. It took me 2 weeks b4 they came out I gave them all the details text msgs admitting that her partner did smack my daughter. The police passed the case to social services and in response I was taken down the police station 3 months later to answer questions about the same thing I alledged. The case was dropped in return social services put on there files that there is possible sexual touching in there report. I have been trying to have a meeting with them to discuss the matter for 6months now and the manager keeps stalling. My solicitor sent my ex-wife a letter for
John Galt - 28 January 2012 @ 11:20 AM
I was accused of domestic violence on the 28th of July, 2011. I was found not guilty by a specialist domestic violence court on the 20th of October, 2011.it is now Jan 2012, I have not seen my daughter for 6 months. due to the civil proceedings the other party has brought against me. I also brought civil proceedings againts her, however, the judge feels as the social workers were happy with her everything as fine. I'm apparantly too dangerous to have contact even supervised with my daughter- the fact that I was found NOT GUILTY in a SDVC has no bearing- how bizzarre! messed up system.
bigbrownking - 26 January 2012 @ 11:42 PM
Don't worry about the lie's your wife is saying to get you in troble. Remember the fact" that they are weak and devious. You should have kept a closer eye on your wife's association's and stuff she has been reading. I'm in the same boat as you and due in court in Feb 2012. So long as you stay on the right side of it all' you will come out winning. Remember God not only see' buRAt act's at all wrong doing. Be good and watch God' at work.
Ace - 21 January 2012 @ 8:33 AM
I am currently in a situation where my ex wife is trying to falsely accuse of domestic violence and get me done for section 18 and 20. Police previously have dropped charges on me twice because there was no evidence! And then she has the nerve to blame one of her inuries that happened months ago on me aswel. Shes obsessed with the police and reporting me only to get a divorce. Her mother instigated the whole thing and its like they both working very hard to set me up. Now they claim they have pictures of bruises on her body from the past which I wasnt aware of?? Am wondering when did this happen? We did split up on and off all the time in the 1 and a half year we were together. So am thinking each time she went to her mums house her mother told her to bruise her self to help her case when she sends me the divorce petition as any domestic evidence will show unreasonable behaviour in the relationship and she will be favoured in court. Her mother really hates me as her mother wanted her daughter to control me and control my money but because I was too smart for that her mother realised she cant swindle me easily. They took £8k of gold jewellery from my family which was a family investment and now denying they dont have it to my solicitor even though the police handed over the gold. So already they been caught lying and now they pushing their luck with false allegations of assault! Av been on bail for like 6 months and its now going to crown court coz she keeps adding more things on the domestic list!! Its so stressfull and I cant think straight. I think she wants me to go crazy. But am a patient person and strong minded. I dont understand how the police and defending solicitors can go this far without thinking how many times she has tried setting me up and they letting her continue with this accusing evil behaviour. The whole case is now going to crown court and I dont mind because I have audio evidence that she lied about previous assaults on me. So hopefully I will get justice for being falsely accused. May god help this evil world. Any views on my Situation?
Innocent - 17 January 2012 @ 1:49 AM
I met my ex about 8 years ago. Bit surprised when she got pregnant after only 4 mnths 2 getha. When I asked about a family she wouldn't let me move in (she also had a 4 old boy to a married man!) Eventually she let me move in then endured 18 months with a controlling, spiteful, ungrateful woman. I stayed as I adored the boys. After 2 years I was cracking up so moved to a town 3 miles away. Phew! Quite a few of my old m8s lived there so I was ok. They all told me to leave her but for the next year and a half I did everything for her to try to get back to being a proper family. No chance. She got worse. Last summer 2010 she split up with me again for 3 months. We got back and then eventually in October I threw in the towel. The boys have been my rock. I miss them so much I was sobbing last week, I was missing them that much. But I would never go back to their mother. As it's the holidays I'm seeing them more - 4 times last week. I feel lots happier. The point I'm trying to make is don't stay in a toxic relationship for the sake of the kids. It will eat you away. I've only just started to get my old personality back and I feel great. And on top of that my best m8 died mum and older brother, and she gave me no empathy, nothing. Don't stop fighting for your kids. I never will.
peeky - 3 August 2011 @ 10:34 AM
Wife recently walked out on my disabled daughter and me. 2 weeks later the local police called and arrested me over allegation made by my wife, of me assaulting her. I was gobsmacked over these false allegations, and I am now on police bail to return to police station at later date.My wife now has the support of the police as a victim of domestic violence. What a joke! And I am left worried sick over the lies made by her. My wife had the privilege of making a statement over a nice cup of tea and biscuits. I had my liberty taken away for several hours D.N.A photographed, slung in a cell and questioned while being taped. Still in a state of shock? So unfair.
John - 7 May 2011 @ 11:25 AM
Thanks for the info on false accusations, the past two years have been a nightmare for my kids, myself & family due to my ex wifes false allegations and outright lies to the police,her solicitor,family courts, schools, and many others! I have sat back for the sake of the kids to save them further suffering at her hands, she bullied, beat and intimidated them for many years and I had hoped that the truth would be known in time! Although I hadn't realised how sick she really is!.
Zepp1 - 14 April 2011 @ 1:18 PM
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