False domestic abuse charges could negate a constitutional right

On behalf of Stange Law Firm, PC posted in Domestic Violence on Friday, August 5, 2016.

All couples have disagreements and sometimes these disagreements escalate to full-blown conflicts. And if violence should enter the equation, there are a number of laws, both state and federal, that are designed to help protect victims. Many of these laws contain stipulations that can place limitations on the alleged abuser. For example, a domestic abuse charge could affect the accused’s right to own guns.

A recent U.S. Supreme Court decision upheld a federal law that prohibits those who have been convicted on misdemeanor domestic violence charges from possessing firearms. The parties that brought the case to the Court argued that as the law stands, it makes no distinction between domestic incidents in which there was an intent to cause injury and incidents that were merely the result of reckless acts. But as part of the final ruling, Justice Elena Kagan wrote that altering the law to exclude reckless acts would diminish the provision’s intent.

Of course, the intent of the law is to help provide safety for persons who have a legitimate reason to fear their domestic partner. But what happens if a charge of domestic violence is false? A conviction could alter a person’s ability to purchase and own guns for sport and self-protection.

The fact is, a law designed to protect domestic abuse victims should not be used simply for revenge or to gain leverage in custody or other domestic disputes. And if you are on the receiving end of false domestic violence allegations, it is your best interest to act decisively in your own defense.

Being accused of committing acts of domestic abuse can harm your reputation and place limits on your personal rights. But a family law attorney could act as your advocate and help you build a case that demonstrates that you have been unjustly treated and that your rights should not be rescinded.

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