The sad thing about false claims of domestic violence is that they have made the people who deal with domestic matters cynical about claims of domestic assault. As a result, even the complaints of real victims can be viewed skeptically.

Examples of a false claims of domestic violence

Virginia Divorce and Virginia child custody cases can often include false claims of domestic violence. I had one client whose former wife had made false accusations against him so many times that he had a video camera that he wore on a neck strap. He kept it on record throughout every interaction he had with her because he repeatedly found that no matter how false her claims, they were always taken seriously, and usually believed, by the police and courts.

His fear was well - founded. I recently had a case where the husband had extensive, visible injuries while the wife had none and the police still charged the husband with assault. Some women, like the one in that case, explicitly use the threat of a false domestic violence charge as a tool to gain power in the relationship or at the time of the Virginia divorce. Virginia has a high number of military families and a domestic violence charge is especially damaging to a military career. If the charge results in a conviction, the service member will be forbidden by federal law from possessing a firearm, a career-ending disability. 18 U.S. Code 922(g)(9). A domestic assault conviction can also result in the loss of security clearances.

Prevalence of false domestic assault charges

A Google search yields a lot of material regarding the prevalence of false domestic assault charges. The ease with which they are made, the tendency to disbelieve the man, and the significant benefits to the alleged victim in Virginia divorce and Virginia child custody cases provide strong incentives to fabricate claims of domestic violence.
The research that has been done suggests that up to a quarter of domestic violence claims are untrue.

Because many incidents of domestic assault are scuffles where the physical aggression is mutual, it may be advisable for the defendant to initiate a cross-warrant if the other party assaulted them in the course of it. The existence of a competing allegation can be helpful in challenging a claim of domestic assault that is brought to gain a strategic advantage in a Virginia divorce or Virginia child custody case. Often cases where the parties have accused each other are resolved with mutual dismissals.

Avoiding any kind of physical altercation is extremely important. But it is no guarantee. I have had cases where one party left to avoid a physical altercation only to be accused of assault anyway.

Domestic assault

Virginia Divorce and Virginia child custody cases can also include technical claims of domestic assault. The definition of assault in Virginia is broad enough that a shove will suffice, regardless of whether there was any injury or even any physical discomfort.
Getting legal advice early in the process can help in avoiding false claims of domestic assault. If you are the victim of an assault, it is extremely important to properly document any visible injuries. The photographs have to be good enough to clearly show the injury. I have had cases where the client provided photographs that were of such poor quality they could not be used in court. Photographs can be especially useful if they are sufficiently high resolution that they can be enlarged. The blow-ups can be used to show the details of injuries which can be inconsistent with the story told by the other party to the incident. It is also important that the photographs be taken as soon after the assault as possible as even after a day or two they can be hard to make out.

Where the client is guilty of only a technical assault, the case can often be resolved by a €finding under advisement.€ This is a resolution of the case in which the judge finds that the evidence is sufficient to support a conviction but give the person some period of unsupervised probation. If they are of €uniform good behavior€ during that period, the case is dismissed.