What Happens if I am Falsely Accused of Domestic Assault and Battery?


Even when falsely accused of domestic assault and battery in Oklahoma, you stand a chance of being convicted. Often there is an innocent party charged with a domestic assault and battery case while going through a nasty divorce or child custody battle. Having an experienced domestic assault and battery defense attorney is especially important in these cases because the accused could stand to lose greatly. Losing your freedom aside, people have lost the right to enter their home that they share with the accuser or even remove their personal possessions. In fact, this may cause the accused to lose custody of their children or have use a “Supervised Visitation” service when visiting with the children. The Berlin Law Firm will help to get this type of situation under control, so your rights remain intact.


Can Domestic Assault and Battery Charges be Dismissed by the Accuser?


No. Once an arrest has been made, the matter is referred to the city or county prosecutor’s office for review and or filing. In district court cases, it is the State of Oklahoma that is prosecuting the case; the accuser is only a witness. Only the prosecution can dismiss the matter. 


Can a Domestic Assault and Battery Charge Impact My Job?


The simple answer is yes. Most jurisdictions and the federal government consider Domestic Assault and Battery a crime of “Moral Turpitude.”  A crime of moral turpitude is an act or behavior that gravely violates the sentiment or accepted standard of the community. Many professions and or professional associations can and often do censure or suspend or outright remove persons from the profession for Domestic Assault and Battery charges.  Again, the sooner you consult an experienced Domestic Assault and Battery defense lawyer, the better protection you will receive.  


Can a Domestic Assault and Battery Charge Affect My Family?


Yes. Children can be removed from the home in which domestic abuse is occurring. In divorce cases, judges are legally REQUIRED to consider Domestic Abuse when considering custody, guardianship, or even visitation of the minor children. The problem is compounded by the fact that many criminal domestic violence cases accompany divorces. It is critical in these situations to consult a knowledgeable domestic violence attorney to protect your rights. 


Can a Domestic Assault and Battery Charge Take Away My Guns?


Yes. If a weapon was involved in the domestic violence incident, the weapon will be confiscated by law enforcement. If a protective order is issued, the defendant will be required to surrender any and all weapons in their possession. Further, if there is a conviction in the matter, your ability to own, possess, and purchase firearms will be severely compromised. 


Can My Domestic Assault and Battery Charge be in the Reported in the News?


Yes. Any criminal allegation, unless the defendant is a juvenile, is considered a matter of public record. That means that even a misdemeanor domestic assault and battery charge can be reported in the news or in other media, regardless of whether the charge is based on fact or the result of a false allegation.  IF news and or other media are involved, it is extremely important to not be interviewed and have an experienced defense attorney handle any statements, if any are to be made at all. 

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.