What can I do if I’m falsely accused of domestic violence in Las Vegas?
Why do people make false accusations of domestic violence in Nevada, and how can an experienced lawyer help?
You’re going about your life, and then it happens. You get a call from the police, or worse, they show up at your door. They tell you that you’ve been accused of domestic violence. Your world stops spinning. You feel shocked, scared, and maybe even a little angry. You know it’s not true. You know you didn’t do it. But how do you prove something didn’t happen when a whole system is already set up to believe the other person?
My name is Attorney Michael Gowdey, and for over 30 years, my firm, The Law Offices of Michael I. Gowdey, Ltd., has been helping people in this exact situation in Las Vegas, Henderson, and North Las Vegas. This isn’t just a legal problem; it’s a deeply personal one that can ruin your life. A false accusation can cost you your job, your home, and, most painful of all, your children. I’ve been recognized with multiple awards and am highly rated for one simple reason: I take these accusations seriously and I fight back for my clients.
I’m here to tell you that you’re not alone and this is a lot more common than you think. Let’s talk about the ugly truth, and what you can do about it.
The Scary Truth About False Domestic Violence Claims
Most people believe that domestic violence accusations are always true. And while most of them are, there’s an ugly side to the coin that few people talk about: false accusations. In my three decades of being a criminal defense attorney, I have seen so many innocent people get caught in this trap. The reasons why someone would make a false claim are often hard to believe, but they are very real.
Most of the time, a false domestic violence accusation comes up when a relationship is ending. This can happen in a divorce or a child custody battle. One person might think that if they accuse the other of abuse, they can get a leg up in court. They might believe it will help them get a better deal on money or, worst of all, get full custody of the children. It’s a sad and dishonest way to use a serious law as a weapon.
In other cases, people might make a false claim out of revenge or anger. Maybe you broke up with them, or maybe you found out they were doing something they shouldn’t have. They might be so angry and hurt that they want to get back at you, and an accusation of domestic violence is a fast way to get you in trouble.
According to a national survey conducted by YouGov, about 8% of Americans report being falsely accused of domestic violence, child abuse, or sexual assault. That might not sound like a huge number, but when you look at how many people that is, it’s about 20.4 million adults. And here’s a stat that’s even more important for people reading this: 11% of men surveyed reported being falsely accused, compared to 6% of women. This shows that men are more likely to be the victims of these kinds of lies. Another study from George Mason University found that 56% of men who reported a female partner’s violence against them said their partner later made a false accusation of abuse against them in return. This isn’t just a few bad apples; it’s a big problem.
The Immediate and Lasting Damage of a False Accusation
When a police officer is called to a domestic violence situation in Las Vegas, they have a lot of power. They are trained to make an arrest if they think a crime has happened, even if there’s no proof. This is called a “mandatory arrest.” This means that the minute someone says you hurt them, you can be arrested and taken to jail. You can’t just talk your way out of it.
After you’re arrested, a judge can give the other person a Temporary Protective Order (TPO) against you. This means you can’t go home, see your kids, or talk to the person who accused you. And you might not be able to do these things for months or even years while the case is going on.
But the problems don’t stop there. A false accusation can:
Hurt Your Reputation
Even if the charges are dropped, your friends, family, and co-workers might still think you’re an abuser. It’s very hard to shake that kind of label.
Cost You Your Job
If your job requires a clean background check or a license, a domestic violence charge can put it all at risk.
Affect Child Custody
This is the part that hurts the most. A false accusation can make you look bad in front of a family court judge, and it could cause you to lose custody of your children.
Leave a Mark on Your Record
Even if the case is dismissed, the arrest will still be on your record. This can show up on background checks for jobs and housing.
This is not a small problem. This is something that can ruin your life, and it’s why you can’t just sit back and hope for the best.
Your Rights and Why You Need an Expert on Your Side
When the police contact you, the first thing to remember is this: you have rights. The most important one is your right to remain silent. Do not try to explain your side of the story to the police. Anything you say can be twisted and used against you later. Your second most important right is to have an attorney. You need to use it.
This is not the time to be a hero and think you can handle it yourself. You need a skilled, experienced lawyer who knows how to fight against these kinds of lies. My firm has been here for over 30 years, and we know how the Las Vegas justice system works. We know the prosecutors, we know the judges, and we have the skills to build a strong defense for you. We are highly rated and have won multiple awards because we’re not afraid to take on tough cases like this.
A lot of lawyers might tell you to just take a plea deal to get it over with, even if you’re innocent. We don’t do that. We fight for you. We work to clear your name and get your life back.
How an Expert Attorney Fights a False Accusation
When you hire The Law Offices of Michael I. Gowdey, Ltd., we get to work right away. We don’t just wait around. Our job is to show the police and the prosecutor that their case is full of holes. Here’s how we do it:
We dig for the truth
We investigate the whole situation. We look for text messages, emails, and social media posts from the accuser that might prove they are lying. We look for witnesses who can tell the police that the accuser has a history of making false claims.
We question the evidence
Police reports can be very one-sided. We challenge what the police have said. We can ask for and look at body camera footage from the police to see if the person was acting strange or saying things that don’t add up.
We show the real reason for the accusation
If the person is lying because of a divorce or a child custody battle, we will show that to the court. A family law attorney can also help with this side of the case. It’s a sad truth that family law disputes can cause people to break the law. You can find more information about how divorce and custody cases affect people here: American Bar Association on Family Law.
We can even turn the tables
In Nevada, it is a crime to make a false report to the police. The law, NRS 207.280, says that anyone who “deliberately reports… that a felony or misdemeanor has been committed… knowing the report is false” can be charged with a gross misdemeanor. The person who lied about you could face up to a year in jail and a fine of up to $2,000. It doesn’t happen often, but when it does, it sends a clear message that lying to the police is a serious crime.
The key to all of this is acting fast. The sooner we start, the more we can do to protect you. Every second that passes gives the other side more time to build their false case against you.
What Should You Do Right Now?
If you’ve been accused of domestic violence in Las Vegas, Henderson, or North Las Vegas, and you know it’s a lie, you need to take these steps immediately:
- Don’t talk to the police. Not a single word about the details of the case.
- Don’t talk to the person who accused you. Don’t try to clear things up with them. Any contact you have with them can be used against you.
- Don’t post anything on social media. Don’t talk about the case online at all.
- Call an attorney immediately. Get an experienced lawyer on your side right away.
The Law Offices of Michael I. Gowdey, Ltd. is here to help you. We have spent over 30 years fighting for people just like you. We will listen to your story without judgment, we will work tirelessly to protect your rights, and we will fight to clear your name. You can find our contact information on our website. Don’t let a lie ruin your life. Call us today.
FAQS
Top 5 Questions Asked to False Accusations of Domestic Violence in Las Vegas, Henderson & North Las Vegas
Clients facing false accusations of domestic violence in Las Vegas are often scared and confused. They have many questions, and here are the five most common ones asked to criminal lawyers, along with their answers.
1. Do I have to go to jail if I'm falsely accused of domestic violence?
Answer: It’s possible. In Las Vegas, law enforcement has a mandatory arrest policy for domestic violence. This means if a police officer believes an act of domestic violence has occurred, they must make an arrest, even if they didn’t witness the event. The accusation itself can be enough to land you in jail for at least 12 hours. The good news is that an arrest is not a conviction, but you’ll need a lawyer to fight the charges and prevent a conviction.
2. The person who accused me wants to drop the charges. Will the case go away?
Answer: No, unfortunately not. In Nevada, once a domestic violence case is reported to the police, it becomes a criminal case brought by the state, not the individual. The prosecutor is the one who decides whether to proceed with the case, not the accuser. While a recantation (when the accuser takes back their statement) can be helpful to your defense, prosecutors are often hesitant to dismiss the case and may believe the accuser is being pressured to lie.
3. How can I prove my innocence?
Answer: Proving your innocence often comes down to gathering and presenting evidence that disproves the false claim. Your lawyer will work with you to:
- Gather evidence: This includes text messages, emails, social media posts, or phone records that contradict the accuser’s story.
- Identify witnesses: People who can provide an alibi for you or testify to the accuser’s history of dishonesty can be crucial.
- Challenge the accuser’s credibility: Your lawyer can highlight inconsistencies in their story or expose their motive for lying, such as a desire to gain an advantage in a divorce or child custody case.
4. What are the consequences of a false accusation, even if I'm not convicted?
Answer: Even without a conviction, a false accusation can have serious consequences. The arrest will be on your record and can impact background checks for jobs and housing. You may also have a Temporary Protective Order (TPO) issued against you, which can force you to leave your home and stay away from your children. This can last for weeks or months while the case is ongoing, creating significant disruption in your life.
5. Can I press charges against the person who made the false report?
Answer: Yes, you may be able to. In Nevada, it is a crime to make a false report to the police. NRS 207.280 makes it a gross misdemeanor to deliberately report a crime that you know is false. The person who lied about you could face up to a year in jail and a $2,000 fine. However, this is a separate legal process, and it’s something you should discuss with your lawyer after your own case is handled.