If I am found “not guilty” for domestic violence, can my partner be prosecuted for lying?

If you have been charged with domestic violence, you may want to pursue a case against your accuser. If the alleged victim lied to the police, gave false evidence, or otherwise conspired against you, he or she could be charged with obstructing official business or perjury. However, these claims are difficult to prove, and are usually not worth pursuing for a number of reasons.

Domestic Violence Accusers Have Little Control Over the Case

Ohio domestic violence laws are written to protect victims, but those victims do not have much of a say in what happens after they call the police. Under state law, the police have the ability to make an arrest for domestic violence even if there are no visible injuries or physical evidence that a crime occurred.

Legal action against the victim during or after the conclusion of a domestic violence case may actually do more harm than good, especially considering:

• The alleged victim may not have reported the incident. All the police need to make a domestic violence arrest is an oral statement from a witness. This could be a family or household member, neighbor, or other non-involved party.
• The alleged victim cannot drop the charges. Once you are arrested or charged with domestic violence, the prosecuting attorneys control the case. The case may still proceed even if the alleged victim does not want to pursue charges.
• The alleged victim has the right not to testify. Even if police or attorneys suspect that all or part of the victim’s statement is false, they are unlikely to press charges unless they are certain they can prove it in court. Some prosecuting attorneys may threaten prosecution to get the alleged victim to admit he or she was lying. However, the victim may still invoke the right not to testify under the Fifth Amendment to avoid being charged.

Are you or someone you know facing domestic violence charges? 

If you are facing domestic violence charges, you need to speak with an experienced domestic violence attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms.  Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.