Temecula, CA asked in Civil Rights, Criminal Law and Domestic Violence for California

Q: How to avoid arrest from false accusations by spouse?

I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?

3 Lawyer Answers

A: This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was aware of being recorded) support the opposite of what you're being accused of, this will help prevent prosecutors from filing. Even if a filing were to come to fruition, your records may help. But the bottom line here is that there is very little you can actually do to prevent an arrest. This will always depend on the accusation and any evidence that can support it.

Mario Tafur
PREMIUM
Answered

A: In order to protect yourself from being falsely accused by your spouse in California, it is essential to be proactive and use any evidence you have gathered in a legal manner. Here are some recommended actions to take:

Gather and Secure Evidence: It is crucial to securely store and back up any video recordings or other evidence you have collected. This evidence can be instrumental in disproving false accusations. The necessary proof for authenticating a video varies depending on the nature of the evidence and potential errors, as stated in the case "In re K.B., 238 Cal. App. 4th 989."

Consult with an Attorney: Partner with a defense attorney who can offer guidance on effectively presenting your evidence and protecting your legal rights. They can also help you understand the specific laws and procedures in California.

Consider Filing a Police Report: If your spouse is making false accusations in an attempt to have you arrested, it may be beneficial to file a police report for harassment or false accusations to create an official record of your side of the story and discourage further false claims.

Seek a Restraining Order: In cases where false accusations are part of an ongoing pattern of harassment or abuse, obtaining a restraining order against your spouse may provide legal protection and prevent future false claims.

Be Prepared for Arrest: In the event that you are arrested based on false accusations, remain calm and Immediately request your attorney so they can take necessary steps.

By following these instructions and collaborating closely with your lawyer, you can effectively utilize your evidence to refute false allegations and safeguard yourself from unjustified detention. It is crucial to promptly seek assistance from a law firm that can thoroughly evaluate the specific details of your case. If you require help, please do not hesitate to contact us through email at support@thebulldog.law or by calling (888) 928-1609. You may also visit our website, www.thebulldog.law, for further information.

James L. Arrasmith
PREMIUM
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Answered

A: Document everything meticulously, including saving all communications, recording interactions when legal, and keeping detailed notes with dates and times. Your video recordings are valuable evidence - make secure backups and consider providing copies to trusted friends or family members for safekeeping.

Consider filing for a restraining order if you feel threatened, and consult with a family law attorney who can help protect your rights and advise on the best legal strategy. They can also help you understand California's laws regarding recording conversations and interactions, ensuring your evidence remains admissible.

Stay calm during any interactions and avoid escalating tensions. If law enforcement arrives, remain polite but firmly assert your right to remain silent until your attorney is present. Keep contact information for your attorney readily available, and consider preparing a written statement documenting the pattern of false accusations that can be shared with law enforcement if needed. Remember that your safety and legal protection are the top priorities - don't hesitate to reach out to domestic violence support services, which help people of all genders dealing with false accusations and other forms of abuse.

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