Domestic violence is a highly serious, immensely wide spread issue. The FBI estimating that a domestic violence crime is committed once every fifteen seconds. In the U.S., about one million women are assaulted by an intimate partner annually, and domestic violence is the number one source of injury to women, causing more harm than rape, auto accidents, and muggings combined.
It is critical that perpetrators of domestic violence face serious consequences for their actions, and that law enforcement officials work to diminish the alarmingly high rate of domestic violence in New York and across the U.S. Although many domestic violence cases are about real instances of abuse, unfortunately, there are also cases in which false allegations of domestic violence are made.
There are several reasons why someone might make a false allegation of abuse. The most common reason is because during a pending divorce or child custody case, one party can significantly advance their interests by accusing the other of domestic violence. By making such a claim, the other party now has to defend him or herself for the allegations in addition to fighting the divorce or custody battle, which can be overwhelming to overcome. False allegations may also be filed as a means of seeking revenge on the other party, after a deeply upsetting or traumatic breakup.
In addition, in New York State, victims of domestic violence are given priority on public housing and welfare lists. While these measures are notable means of protection when used properly, they are sometimes abused by people who make false claims of abuse in order to receive these benefits.
Making false allegations of domestic violence is a serious abuse of the justice system, belittles the seriousness of real instances of domestic violence, and can result in a violation of the accused person's rights. If you are being falsely accused of domestic violence, contact a lawyer from Brian D. Perskin & Associates P.C. for legal support.