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False domestic violence allegations and arrest

On Behalf of | Dec 28, 2020 | Criminal Defense

If you are falsely accused of domestic violence, there are many different issues to consider. For example, you need to think about your future as well as the potential penalties you face, such as time behind bars, a damaged reputation and a shattered relationship with your children. When people are falsely accused of domestic violence, some face the threat of arrest immediately after law enforcement officials respond. 

It is imperative to understand your rights in the event that you are taken into custody due to domestic violence. 

Taking a look at probable cause arrests

According to the Pennsylvania General Assembly, law enforcement officials have the right to apprehend some of those accused of domestic violence without obtaining a warrant, depending on the details of the situation. For example, if someone is believed to have carried out terroristic threats, stalking or assault, they could face the threat of arrest even if law enforcement officials do not have a warrant and did not witness the incident(s). However, law enforcement officials must have evidence or witness a recent injury in order to apprehend someone for domestic violence. 

Taking a look at the consequences of an arrest

Aside from high levels of anxiety, those taken into custody could face other repercussions. For example, law enforcement officials seize weapons during these arrests and some people are barred from seeing their children following the arrest. In certain fields, people sustain irreparable damage to their careers and are unable to secure another job down the road. Make sure you thoroughly evaluate your rights if you are in this position. 

Pennsylvania Drunk Driving Defense: Law, Tactics, and Procedure | by Patrick F. Lauer, Jr. | Revere Legal Publishers