So... do "victims" lie to the police in domestic violence assault charges? HELL YES!!! Do "victims" lie to the DA's office when being interviewed about the crime? HELL YES!!! Do "victims" lie to the jury and judge when questioned by the DA about what happened? HELL YES!!! Do "victims" lie to the judge and jury when the defense attorney questions them about what happened? YES, HELL YES!!!!
So, if you're a man and you've been charged with the crime of Domestic Violence Assault or Domestic Violence Criminal Threatening here in Maine, you're probably wondering why a victim who lies is always believed by the police. The answer is simple. The cops and the DA tend to believe the first person to call and identifies themselves as a "victim".
Here in Maine, the police and the DA's Office want to keep things simple. They want to put everyone in their place and that means attaching labels to each person. They want to have labels for the victim, the defendant and the witnesses. It keeps things simple that way. And if the believability of the "victim" begins to deteriorate, that's OK. Because they are the "victim" and nobody can keep their memories straight about these things.
However, if the big bad defendant gets confused about his story, that's because he's lying. At least that's how the police and the DA's Office looks at it. And it's very frustrating for the defendant. Especially when he knows he didn't assault or threaten anyone. There's nothing worse than being accused of committing a crime when you never laid a finger on somebody.
So, why do these "victims" lie in court and in official court documents? Oftentimes it's because they are trying to gain an advantage over the defendant in an ancillary court proceeding such as a Protection from Abuse matter or a divorce proceeding. Here in Maine, a defendant could be ordered to vacate their home if the "victim" lives there; he could be ordered to have no contact with his children and may be ordered to have no contact with the victim by telephone or in person. If the "victim" gets you out of the house, she can begin the process of cleaning you out financially or at the very least, making your life miserable.
If you are found guilty in criminal court, that conviction can be used against you in the divorce proceeding. When a finding of domestic violence or abuse has been found, it makes things turn into a steep uphill battle in family court. The chances of you getting your kids back for other than the occasional visit become very slim. In addition, if you've been found guilty of domestic violence or a finding of abuse has been made against you, that will impact other areas of the divorce as well.
Now, you maybe saying "what the heck does this matter, I'm not married." Well, it matters a lot if you either A) share the home with your girlfriend or B) have children together. Why? Because you'll be excluded from the home as part of your bail conditions and you won't see your kids anytime soon. And that's a tough pill for anyone to swallow.
In Maine, the domestic violence laws are extremely tough. If convicted of a misdemeanor charge of Domestic Violence Assault, you could be looking at 364 days of jail, 2 years of probation, enrollment in the 48 week certified batters intervention program, enrollment in alcohol/substance abuse counseling and a lifetime ban on owning, using or possessing a firearm or ammunition. Don't take the charge lightly and don't assume your spouse or girlfriend is going to be truthful with the DA. They may just lie in order to bury you "six feet under". Instead, consult with an attorney and discuss your case with him; keeping in mind that the best offense is a good defense.