Don’t let false allegations destroy your life. Get aggressive defense in Harris County.
If you’ve been accused of a domestic violence crime in Houston or Harris County, your immediate actions are critical and can significantly impact the outcome of your case. Being falsely accused of a serious crime like domestic violence can have a disastrous effect on your life, even if you are innocent.
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What to Do Immediately if Falsely Accused of Domestic Violence in Houston
If you’ve been falsely accused of domestic violence, follow these steps carefully:
- Remain Silent: Exercise your right to remain silent. Do not discuss the details of the incident with anyone – not the police, not the alleged accuser, not friends or family. Anything you say can be misinterpreted or used against you.
- Do Not Contact the Accuser: If there is a no-contact order or bond condition, violating it will lead to immediate arrest and new charges. Even without an order, contacting the accuser can complicate your case and be perceived negatively by prosecutors.
- Document Everything (Safely & Legally): If safely possible and legally permissible, make notes of everything you remember about the incident, including dates, times, locations, who was present, and what happened. Preserve any relevant communications (texts, emails, social media posts) that may support your innocence.
- Contact an Experienced Houston Criminal Defense Attorney Immediately: This is the most crucial step. Do not wait. An attorney can advise you of your rights, begin investigating the allegations, protect you from making critical mistakes, and start building your defense.
Understanding False Allegations of Domestic Violence in Texas
Domestic violence is a serious crime under Texas law, defined as an act intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat reasonably placing the victim in fear of such harm, committed against a family member, household member, or dating partner. While genuine cases demand justice, it is also a reality that individuals can face false accusations.
Reasons Why False Allegations Occur
It’s not unheard of for a spouse, family member, or intimate partner to make false accusations of domestic abuse. Understanding why these untrue claims might be made can be an important part of your defense strategy. Common reasons include:
- Retaliation or Punishment: Seeking revenge for a perceived wrong, or to punish the accused during a conflict or breakup.
- To Gain Advantage in Legal Disputes: Often, false accusations arise in contentious divorce proceedings or child custody disputes, used to influence court decisions, force someone out of their home, or gain possession of property.
- Mental Health or Substance Abuse Issues: In some cases, the accuser may be struggling with mental health challenges or substance abuse, which can impair judgment and lead to false statements.
- Intimidation or Blackmail: Threats of making false accusations can be used as a tool for intimidation or blackmail within a relationship.
The Severe Consequences of a False Accusation
If you are falsely accused of domestic violence in Houston or Harris County, a conviction can have devastating and lasting effects on your life, even if you are innocent. A misdemeanor or felony conviction for domestic violence in Texas can result in far more than just jail time or hefty fines. It can lead to:
- Legal Penalties: Jail time, fines, probation, mandatory counseling.
- Family Impact: Dramatically affect the outcome of your divorce, child custody, and visitation rights. You may be subjected to a restraining order and prevented from contacting family members or returning to your home.
- Professional & Social Impact: Difficulty finding or keeping a job, loss of professional licenses, problems securing housing, and significant damage to your reputation in the Houston community.
- Civil Rights: Prohibited from owning or possessing a firearm.
- Immigration Consequences: A conviction can be grounds for deportation for non-citizens.
Defending Yourself Against False Accusations of Domestic Violence
It can be incredibly challenging to defend against false accusations of domestic violence in Houston, especially in cases where no physical injuries occurred, but the accuser claims to have felt threatened. However, an effective attorney can employ many legal strategies to defend someone facing false allegations.
Common Defense Strategies for False Allegations
These defense strategies focus on proving your innocence or creating reasonable doubt:
- Demonstrating You Were Not the Aggressor (Self-Defense): Providing evidence that you were acting in self-defense or defense of others against an actual threat.
- Exposing Inconsistencies: Highlighting contradictions or untruths in the accuser’s testimony, witness statements, or official reports.
- Challenging Evidence: Showing that alleged injuries were never reported or treated, or were self-inflicted, or that digital evidence like social media posts or 911 calls are misleading.
- Proving Lack of Intent: Demonstrating that your actions were unintentional or misunderstood, rather than an intentional act of violence.
- Alibi Evidence: Presenting evidence (e.g., receipts, timestamps, third-party confirmations) that you were not at the scene when the alleged incident occurred.
- Lack of Credibility: Highlighting a pattern of false reports by the accuser, their motivation to lie (e.g., for custody leverage), or inconsistencies in their story.
- Insufficient Evidence: Arguing that the prosecution has not met their burden of proving every element of the charge beyond a reasonable doubt.
An effective attorney will thoroughly investigate your case, gather evidence to contradict the false claims, and skillfully present your defense. Lisa will listen to your story, answer any questions you may have, and provide helpful, professional advice on the best way to prove your innocence.
Why Lisa Shapiro Strauss is Your Advocate Against False Accusations
Facing false accusations of domestic violence in Houston demands a defense attorney with specific experience, local insight, and a nuanced approach. Lisa Shapiro Strauss offers the critical qualifications to fight for your innocence.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands how the criminal justice system operates from both sides. As a former county prosecutor, she was trained by prosecutors, so she knows how they approach family violence cases. This background provides invaluable insight into how the State builds its case, evaluates evidence, and how decisions are made within the Harris County District Attorney’s Office. This insider knowledge is a significant advantage in anticipating their moves and building a strong defense strategy for you in a Houston courtroom.
Extensive Experience in Domestic Violence Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has successfully defended clients accused of all types of domestic violence and family assault charges in Houston and Harris County, including those based on false allegations. She understands the legal complexities and personal sensitivities involved in these high-stakes cases.
Local Knowledge of Harris County Courts
Her extensive practice in Harris County courts means she is intimately familiar with the judges, prosecutors, and procedures specific to this jurisdiction. This local knowledge is invaluable in navigating the legal process effectively on your behalf.
Dedicated to Proving Your Innocence
Lisa is committed to defending those who have been falsely accused. She provides aggressive legal defense coupled with compassionate support, guiding you through the process with clear communication and a relentless focus on protecting your rights and clearing your name.
Frequently Asked Questions About False Domestic Violence Accusations
Facing false accusations of domestic violence in Houston can lead to many critical questions about your rights and defense. Here are answers to some common ones:
What evidence can help prove I was falsely accused of domestic violence?
Proving false accusations often involves gathering specific evidence to contradict the claims. This can include text messages, emails, social media posts, witness statements that confirm your account or contradict the accuser’s, phone records, medical records (if alleged injuries were not reported or self-inflicted), and alibi evidence. Your attorney will conduct a thorough investigation to uncover such evidence.
Should I talk to the police if I know I’m falsely accused of domestic violence?
No, if you are being accused of domestic violence, even if you are innocent, you should immediately assert your right to remain silent and request an attorney. Any statements you make can be misinterpreted or used against you, potentially harming your defense. It is best to let your attorney speak on your behalf.
How does a lawyer investigate and defend against false domestic violence accusations?
An experienced lawyer will launch their own investigation, which may include interviewing witnesses, reviewing all prosecution evidence (police reports, 911 calls, medical records), seeking inconsistencies in the accuser’s story, gathering your own evidence (e.g., alibis, communications), and potentially hiring experts. The goal is to build a strong defense that proves your innocence or creates reasonable doubt.
Can the Charges Against Me For Family Violence be Dropped if the Victim Requests It (when false)?
In Texas, the decision to pursue criminal charges rests with the State (the prosecutor), not the alleged victim. Even if the accuser admits to lying or requests to drop charges, the Harris County District Attorney’s Office can proceed. However, a victim’s recantation or admission of false accusations can be powerful evidence that an experienced attorney will use to advocate for dismissal.
Protect Your Future: Get Help Today
Don’t let false accusations of domestic violence destroy your life. If you’ve been charged with domestic violence in Houston based on false accusations, you need effective, dedicated legal representation immediately.
Contact the law offices of Houston criminal defense lawyer Lisa Shapiro Strauss to discuss your case confidentially.
