Domestic violence allegations are very serious, and the state of Colorado takes these seriously as well. When an individual accuses another of domestic violence, not only are they making a serious allegation, they could place the accused individual in a situation that could severely damage their livelihood.

When an individual is accused of domestic violence their life could change in a negative way. In some cases, the accused individual will not be able to step foot in their home or spend time with their children. It also negatively impacts the way they are viewed in their community, and could possibly cause them to lose their job, their housing, and much more.

With that being said, the state of Colorado always wants to believe anyone that claims they are a victim of domestic violence, therefore they have strict penalties in place for those who lie about domestic violence. Essentially, a false allegation of domestic violence is perjury.

Why Do People Falsely Accuse Others Of Domestic Violence?

There are many reasons why an individual may make false accusations of domestic violence, but they all tend to come from an emotionally charged situation. During divorce or child custody proceedings, one party may make false allegations of domestic abuse or violence in order to gain legal leverage over the other. This just so happens to be the most common reason for false domestic violence accusations.

False domestic abuse accusations are more often seen when couples are nearing separation or divorce. This is especially true when children are involved or custody agreements cannot be made. In order for an accuser to gain an advantage in divorce proceedings and establish child custody, false allegations of domestic abuse or violence may be made in order to subvert the legal process. Unfortunately, this has become a well-known way to “work” the system.

In situations where a false claim is not disproven, the accused individual can lose more financially in a divorce settlement and they could even lose partial or full custody of their children. In a lot of situations, when one parent makes a false claim of family violence, it will turn their children against the accused parent. So not only are they losing contact with their children, they are also losing their relationship with them.

In some cases, a separation or divorce is not the cause of false domestic violence accusations. In some cases, one party is trying to exact revenge or be vindictive towards the falsely accused individual. A heated argument could also occur and then be misconstrued as actual violence. In some instances, only shouting occurs and no physical abuse or violence is present. There might have been a little physical contact, such as holding an arm or hand, but no actual violence. There could still be a claim of violence occurring, and the accused would have to disprove that claim.

Penalties For False Domestic Violence Accusations

When an individual makes false domestic violence allegations while under oath, they are committing perjury. When they make false accusations of domestic violence, they can be charged with filing a false police report. Either way, it is never acceptable or responsible to lie to a police officer or court of law, and there are consequences.

Filing a false police report is a serious criminal charge and is treated as a class 2 misdemeanor. Individuals who file a false police report can face penalties that include but are not limited to:

• Up to 120 days in jail
• Up to $750 in fines
• Probation

It’s very important for individuals to know that there may be other charges tacked on when initially charged with filing a false police report. Some of these additional charges can include, but are not limited to:

• Obstruction of justice
• Perjury
• False statements to a police officer
• Disrupting a criminal investigation

When an individual makes false claims of domestic violence when they are under oath or during court proceedings, they may be charged with perjury. The penalties for perjury in Colorado may include, but are not limited to:

• Class 4 felony
• 2-6 years in prison
• Up to $500,000 in fines

How An Experienced Domestic Violence Lawyer Near You Can Help

Fraudulent claims of domestic violence should be taken very seriously. It is possible that you will receive extensive fines and spend a year in jail if you are convicted. You could lose your right to see your children, and the right to bear arms, even if you are not imprisoned. Furthermore, a domestic violence conviction will leave a permanent stain on your record, which could harm your chances of obtaining an education or finding employment.

Our skilled domestic violence defense attorneys at The Law Offices of Steven T. Rodemer LLC know how frustrating and detrimental false accusations can be, especially when they stem from a divorce or separation.