Domestic Violence Lawyer | Domestic Violence | How Do You Protect Your Legal Interests to Prevent False Domestic Violence Complaints | Talking to the Police

False domestic violence complaints can have severe legal, personal, and professional consequences for men. To protect their legal interests and create independent corroborative evidence, men should adopt a proactive and cautious approach. This article outlines effective strategies that can help men safeguard against false accusations of domestic violence.

The article also provides guidance on what you should do if a police officer asks you to answer questions in response to allegations made against you.

Maintain Clear and Respectful Communication

Document Interactions: Keeping records of all interactions with your partner is crucial. Save texts, emails, and social media messages.

Ensure any communications with your ex-partner remain respectful and non-threatening to avoid a complaint being made to police of threats, intimidation, or harassment.

Use Written Communication: For all sensitive discussions, opt for written forms of communication like emails or text messages. These can serve as valuable contemporaneous records in case of allegations of domestic violence.

Set Up Personal Boundaries and Respect Space

Avoid Physical Confrontations: Always maintain physical distance during arguments or debates. If a situation becomes too intense walk-away, and make a record of the conversation straight away.

Have Witnesses: Ensure others are present during interactions with your partner, especially if you anticipate a disagreement. Witnesses can provide independent verification of what occurred.

The best evidence is always independent. I recommend men at risk of false complaints, always meet their partners in a public area, preferably in front of a camera or CCTV where the conduct can be captured.

I also recommend installing a dashcam in your car with audio capabilities so any impromptu meeting in a place where there are no cameras, will always capture the interaction.

Never meet an ex-partner in a remote location, for instance a backstreet or location where there are no camera’s capturing the interaction unless you have a dashcam.

All interactions with your ex-partner should be in front of this camera and tell the ex-partner that there is a dashcam in the car and it is also audio recording.

Never covertly record another person (that is without them being aware they are being recorded) as it is a criminal offence in NSW under the Surveillance Devices Act 2005.

Use Technology Wisely

Home Security Systems: Install home security cameras in common areas. These systems can provide video evidence of interactions within your home.

DO NOT install cameras in private areas such as bathrooms, toilets, or bedrooms or any place where there is an expectation of privacy. To do so may be a criminal offence.

Voice Recorders: As above, in New South Wales it is an offence to covertly record a person without their express or implied consent under the Surveillance Devices Act 2005.

Smartphone Apps: Use apps designed to record and store conversations or document evidence securely, such as Notes on iPhone or use the Dictaphone record function on your smart phone to make contemporaneous notes.

When you are making notes always document conversations in first person such as, I said…, she said… etc. Try to avoid paraphrasing conversations as they may not admissible in a court.

Legal Preparations and Precautions

Consult a Lawyer: Engage a solicitor who has expertise in the criminal law and domestic violence law industry. They will be able to explain to you your rights and obligations.

Document Incidents: Keep a detailed, dated journal of any significant incidents or disputes. Include who was present, what was said, and the context of the event.

Apprehended Violence Orders: If you are threatened or assaulted by your ex-partner is important to make a complaint to the police as soon as possible. If there is video footage of the incident provide that to the police as well as any contemporaneous notes you have made.

If the police decline to take action you can attend the Local Court and make an appointment with the Registrar and make an application for an apprehended violence order. They may approve your application and have the order served on the defendant.

Do Not Retaliate: If you are falsely accused do not retaliate. Instead, focus on gathering evidence and working with your solicitor to build your defence for a court hearing later on.

Handling Potential False Accusations

Immediate Legal Advice: If faced with a false accusation, contact Richard at McDonald Law on 0411460034. Richard was a police prosecutor and legal counsel for the New South Wales Police Force for over two decades.

Gather Evidence: Collect any available evidence that can counter the false claim, such as messages, emails, video recordings, photographs of injuries, or any statements from witnesses.

If your partner assaults you and causes redness and bruising, document those injuries every day over the next week or so to show the progression of the injury.

If you attend a hospital or doctor, obtain your medical records to aid in your defence.

Stay Calm and Composed: Reacting angrily or defensively always worsens the situation.

Talking to the Police

The biggest mistake people make when faced with allegations of domestic violence or any offence is assuming that the police are there to assist them.

The reality is, they are only interested in gathering evidence against you so they can build a case and charge you with a criminal offence or bolster an application such as an AVO or worse, refusing you bail to keep you in custody.

Police Officers, in this circumstance are not your friend, no matter how polite, courteous, or respectful they are toward you. They are trained experts at extracting information from suspects. They will use any lawful means and resources legally available to get you to talk, including being your best friend and speaking to you casually to build a rapport so you relax and provide them with a version that may be later used against you in a court.

Police will also use Body Worn Video (BWV) to collect evidence and admissions from you. They will tell you quickly that you are being recorded on BWV and then start asking you questions. Again, do not answer any questions about any allegations unless you have sought legal advice.

If you hear these words, do not say anything except “yes” or just stay silent:

“You do not have to say or do anything unless you wish to do so. However if you do say or do anything, it will be recorded, and will later be used in evidence against you. Do you understand that?”

This is called the official police caution, which police are required to give you under section 139 of the Evidence Act 1995 if they suspect you have committed an offence.

Anything you say after this, may be admissible as evidence against you in a criminal or AVO proceeding.

If you say nothing, it cannot be used against you to infer guilt. The law in Australia protects a person’s right not to incriminate themselves in an offence in almost all circumstances. It is the sole onus of the police to prove all the elements of an offence against you. You are not compelled to give them a free kick!

At this point (when you have been cautioned) the police may have already decided to arrest you and take you back to the police station. By trying to prove your innocence and appealing to their sensibilities will not change their mind. Again, you should seek legal advice before speaking to any police officer about any criminal allegation made against you.

Speaking to the police, while under an official caution is likely to harm rather than assist your defence. All the police officer needs, is for you to say something in the moment, off the cuff, and while you are under stress, which might help them further justify your arrest and charge.

If you are arrested and taken back to the police station, the police, usually the Custody Manager, must help you contact a solicitor so you can obtain legal advice.

If you are an aboriginal or Tores Strait Islander, then they must contact a solicitor for you.

If you are a child, the police must contact a support person and solicitor (usually the Childrens Legal Service) to assist you.

If they fail in any of these obligations, any evidence they obtain because of breaking the law may be excluded later during the court hearing.

Take Away

Do not speak to the police, answer any official questions, provide a version, or participate in any electronically recorded interview without first obtaining legal advice from Richard at McDonald Law.

Going to court over an alleged domestic violence-related incident?

Have you been arrested and charged with a domestic violence offence such as an assault, intimidation offence, or apprehended violence order?

In that case, you need a domestic violence lawyer and criminal lawyer with over two decades of experience. Do not speak to the police without getting legal advice first.

Call us at McDonald Law and speak to Richard McDonald at (02) 8824 4736 or email us for an appointment at [email protected]. We will be able to assist you, provide you with honest feedback, and give you practical options to plan, prepare and resolve your case.