Assault and family violence are all too common, in the United States and the great state of Texas as well. According to the Texas Council on Family Violence, one in three of our residents will experience domestic violence in their lifetimes. That’s made all the more troubling by the fact it’s committed by and toward the people who are supposed to be the closest to us.
But not all cases are the same. They range in severity from overheated misunderstandings to life-threatening events. And each year, a number of these cases are misreported with false accusations thrown in for bad measure.
At Davis, Ermis & Roberts, P.C., we’ve defended both sides of the issue. We’ve helped individuals with legitimate fears for their lives, and we’ve defended the falsely accused who want nothing more than to provide a stable life for their children.
The Truth About Domestic Disturbances
Domestic disturbances may take place on a single day inside of a single hour or two. Or even just a few minutes. But the ramifications can be far-reaching and actually alter the course of one’s life. Every accusation, whether true or not, poses a series of emotional and legal challenges as well as repercussions. Let’s examine each one.
- Reputation: If you run your own business or are involved in any community efforts, then an accusation of assault or family violence can call your reputation into question, damaging earning potential as well as personal causes that you hold dear. Reputation is hard to restore, so it’s important not to let such accusations stand.
- Quality of life: Beyond the reputational damage, committing an act of family violence can greatly diminish your quality of life. If the charges are severe enough (and provable), you may even experience jail time. But if you do manage to stay out of jail, the very accusation can follow you wherever you go in life.
- Children: Family violence will place your children under a larger microscope at a time in their lives when they’re not physically, mentally, or emotionally prepared to handle it. It could get authorities involved, shake up their living arrangements, and leave psychological scars that take years to heal. If you care anything at all about their well-being, then you’ll do whatever is within your power to keep that from happening.
- Other family members: Beyond your immediate family, there are others you care about who will be affected if you fall under the shadow of a domestic violence accusation. Right or wrong, society has a habit of judging “where you came from.” It can also create he said-she said tensions that tear families apart and create cycles of tension that could lead to further violence.
- Job marketability: Good luck getting a shot at a quality job if you have a family violence or assault conviction hanging over your head. It could happen, but you’re entirely at the mercy of an employer’s generosity.
In short, it’s important to exalt the truth, whether you’re a victim of family violence or you’re the accused. And if you’ve been falsely accused, that means mounting a strong defense and not allowing the allegations to go unchecked. Regardless of where you factor in, you need a strong legal strategy to argue your position. We’ll now look at how you can do just that.
Developing Your Legal Strategy
The first thing you should do is connect with an experienced attorney. Not someone with “X years of legal experience,” but someone who has specialized experience in family violence and assault cases. At Davis, Ermis & Roberts, P.C., it’s been one of our core competencies from the very beginning.
When we take on a client, we work closely and compassionately with them to get to the heart of the matter. What’s the truth behind what happened? Details become crucial.
- When did the incident occur?
- Was a report drafted?
- Was there an arrest made?
- What type of abuse is being alleged?
- Did the incident require medical attention?
- Were there witnesses?
- What tangible evidence is available (i.e., photos, marks, etc.)?
- Were any children living in the place-of-incident, and, if so, where were they at the time the incident is alleged to have occurred?
Getting your story straight by answering questions like these is vital to proving your case. That’s true whether you’re arguing it’s a false allegation or the act of violence did, in fact, occur. We believe it’s important to “unpack” the events in a safe and non-judgmental setting.
How to Move Forward
If you’re concerned or scared about the specter of family violence and assault allegations — whether from the standpoint of the attacked or the accused — you need someone on your side who’s already successfully dealt with these situations time after time. Davis, Ermis & Roberts, P.C., has worked hard for our past clients, and we’ll do the same for you. Give us a call or reach out online today to start developing your legal strategy.
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