Lies & Exaggerations: Recourse in a Wrongful New York Domestic Violence Arrest

They types of New York Domestic Violence crimes and the means by which they occur can never be taken lightly. While you may not want to hear that from your New York Domestic Violence attorney or criminal defense lawyer, it is simply the truth. However, as ugly as an accusation may be, it may be the furthest thing from the truth. Judges, prosecutors and New York criminal attorneys have all experienced or witnessed cases where the criminal justice system was not used a shield for protection against offenders, but as a sword by a claimed victim to pursue a self serving goal. In such cases, a complainant in a Domestic Violence arrest may be trying to gain the upper hand in a divorce proceeding, custody dispute or to have the accused party removed from the home. None of these reasons are legitimate reasons to make a false or embellished accusation.

Once you have been arrested and prosecutors have drawn up the criminal court complaint, you will be seeing a judge. Bail may be set, an order of protection will be issued and you will likely be barred from the home if you share it with the accuser. All of this compounds the fact that your arrest may be baseless. So, what can you do? What is the next step?

No two cases – Domestic Violence or otherwise – are the same. Any defense requires a thorough analysis. With that in mind, there are still a few things you should recognize. First, even if the accusation against you is fraudulent, the police will likely not entertain a new complaint by you as a victim of the initial crime or as an attempt to by you to establish the crime of Falsely Reporting an Incident. Often time the police will call these post-arrest complaints “retaliatory” even if your assertions are accurate.

Second, don’t waste your time wallowing in self-pity. That is no defense. As noted in the section of our website dedicated to the defense of Domestic Violence arrests, identifying and securing evidence immediately is crucial. Every day or week that goes by may mean the difference between corroborating your defense and debunking the allegations of the accuser.

• NY Domestic Violence Arrests, Crimes & Laws
• NY Domestic Violence Arrests: Understanding the Process
• Examining NY Criminal Court Orders of Protection & Restraining Orders
• Defining “Domestic” in NY Domestic Violence Cases
• The Supporting Deposition & Corroborating Affidavit in a NY DV Case
• Prosecuting Domestic Violence Cases Without a Victim
• Prosecutorial & Subpoena Power in a Domestic Violence Case
• Starting Your Defense to a NY Domestic Violence Arrest

Although not a defense by any means, some defendants inquire whether or not there are any civil avenues to pursue to remedy a false arrest. Generally speaking, prosecutors and the police are protected from these suits. It is even difficult to succeed in a suit against the complainant. While each case is unique, concentrating on your criminal defense is time better spent as opposed to commencing a civil action.

At bottom, false accusations should be treated no differently than those that are truthful and supported by evidence. Identifying your defense, corroborating that defense and securing favorable evidence for that defense is the strongest avenue to exoneration. Sadly, the improper or wrong defensive maneuvering can leave you scarred with the shame of a criminal record an order of protection that bars you from your family and a conviction that destroys your career and liberty.