Each year, 1.5 million restraining orders are issued in the United States that are based on false domestic violence accusations. Each year, tax payers spend a staggering 20 billion dollars on welfare and public benefit services that arise from false allegations of domestic violence which consequently force children into single-parent households.
For a criminal charge to be brought, the prosecution need to prove that the defendant did everything required to cause the crime (also known as the elements of the crime). These are as follows:
- Was the victim a member of the class that the domestic violence statute aimed to protect?
- Did the harassment, stalking, assault actually occur?
- Did the defendant commit the act?
- Has every point of the crime been proved by the prosecution?
When someone is charged with a false domestic violence they have two main choices: they can either attempt to disprove the case in court or they can offer a defense that absolves them of their actions. A defendant may also show that they acted in self-defense due to violence shown by the victim. In certain states the police are required to ascertain who the principal aggressor was and make an arrest accordingly, even if violent acts were committed by both.