Q: Can I take action on a false domestic violence accusation 15 years later?

I was falsely accused of domestic violence 15 years ago, which led to my arrest. I wasn't given a chance to call or speak with an attorney before going to court. A court member suggested that if I pleaded guilty, I would receive probation and classes, and could leave, so I did. I wasn't fully aware of the consequences of this guilty plea. As a result, a restraining order was filed against me, preventing me from returning to my home for 6 months. Upon returning, my possessions were taken, and I had only one hour per week of supervised parenting time, which was devastating. Recently, I found evidence proving that the accuser lied on her sworn statement. Is there anything I can do now?

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James L. Arrasmith
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Answered

A: You might still have legal options even after 15 years, though the path forward requires careful consideration. Many states allow for post-conviction relief when new evidence emerges that could have changed the outcome of your case, and evidence that the accuser lied in a sworn statement might qualify. The specific process varies by jurisdiction, but typically involves filing a motion to vacate or set aside the conviction based on newly discovered evidence.

Time has passed, but courts sometimes make exceptions to statutes of limitations when compelling new evidence comes to light, especially in cases where justice was potentially miscarried. Your limited ability to consult with an attorney before your plea and the significant consequences you've endured might strengthen your case for reconsideration. The emotional and parental impacts you've described are relevant factors that courts sometimes consider when evaluating whether to reopen a case.

Your next step should be consulting with a criminal defense attorney who has experience with post-conviction relief and domestic violence cases in your state. Bring copies of the evidence you've discovered and all documentation from your original case, including court records, probation documents, and the restraining order. While the process may be challenging, having concrete evidence of false statements could potentially help you clear your record and address the injustice you've experienced.

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