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Tempe
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Lake Havasu City
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Apache Junction
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Parker
False domestic violence claims surface in custody battles, divorces, and bitter breakups, and the person accused is often treated as guilty from day one. Our founder, Matthew Lopez, works to uncover the motive behind the accusation and hold the story up against the evidence. Being accused is not the same as being guilty, and we help you prove it.
Arizona’s domestic violence laws are built to protect victims, and they should be. But the same features that protect real victims, mandatory arrest, no-contact orders issued on a single statement, and prosecution that continues even when the accuser recants, also make the system easy to weaponize. A false accusation made during a divorce, a custody fight, or a bitter breakup can get you arrested, removed from your home, and separated from your children within hours, before you ever get to tell your side.
If you are falsely accused, the instinct to “just explain what really happened” to the police is usually the worst thing you can do. Officers responding to a domestic violence call are often required to make an arrest when there is any visible injury or allegation of a weapon, and anything you say becomes evidence. Under ARS 13-3601(B), Arizona law directs mandatory arrest in many situations, which means the truth often gets sorted out later, in court, not at the scene.
Matthew Lopez Law defends people facing false domestic violence accusations across Arizona. Contact our firm for a confidential consultation.
False and exaggerated domestic violence allegations tend to cluster around a few high-conflict situations:
Arizona’s mandatory arrest provision means that when police have probable cause to believe a domestic violence offense involving injury or a weapon occurred, they generally must arrest, regardless of whether the alleged victim wants charges. This protects genuine victims, but it also means a false accuser only has to make a claim and point to any mark to trigger an arrest. Officers at the scene are not judges. They are not weighing credibility in depth. They are following a policy that errs toward arrest.
This is why so many innocent people end up booked into jail on the word of an accuser who later admits the claim was false or exaggerated.
One of the cruelest features of these cases: if the accuser later admits they lied or wants to drop it, the case often continues anyway. In Arizona, the prosecutor, not the accuser, controls the case. Prosecutors are trained to expect recantations and frequently proceed using the original 911 call, body-camera footage, and the responding officer’s testimony, treating the recant as the product of pressure rather than the truth. Fighting a case where even the accuser is on your side still requires skilled defense.
Do not contact the accuser. A no-contact order is almost always issued at the first appearance. Any contact, even a text meant to smooth things over, is a separate crime under ARS 13-2810 and can be charged as its own domestic violence offense.
Do not talk to police without a lawyer. You cannot talk your way out of a mandatory-arrest situation, and everything you say can be used against you.
Preserve evidence immediately. Text messages, emails, voicemails, photos, and social media posts can establish motive to fabricate, contradict the accuser’s timeline, or show your own lack of injury or their aggression.
Document your own injuries. In mutual-conflict cases, photographs of your injuries can flip the narrative.
Identify witnesses. Neighbors, family members, and anyone who was present or spoke to the accuser afterward can corroborate your account.
Communication records. Texts and messages showing the relationship’s real dynamics, threats to “call the cops,” or admissions that no violence occurred are often decisive.
Timeline and location evidence. GPS data, call logs, receipts, and rideshare records can prove you were not where the accuser claims, or that events unfolded differently.
Physical evidence. The absence of injury consistent with the allegation, or the presence of injuries on you, undercuts the accuser’s story.
Prior inconsistent statements. The accuser’s own words to police, in the 911 call, to friends, or in family court filings, often contradict the criminal allegation.
Motive evidence. A pending custody hearing, a divorce filing, or a recent breakup provides context a jury needs to understand why someone would lie.
False DV accusations that arise in custody disputes require coordinated defense across two courts. What you say in a family court deposition can be used in the criminal case, and the outcome of the criminal case affects custody. Decisions about invoking the Fifth Amendment, timing, and information sharing between the two cases have to be made carefully and together.
Beyond attacking the accusation directly, the same defenses that apply to any domestic violence charge apply here: self-defense, lack of a qualifying relationship, lack of intent, and insufficient evidence. When the whole case rests on one person’s uncorroborated and motivated word, reasonable doubt is often within reach.
A false domestic violence accusation can upend your life before you have a chance to respond. Immediate action to preserve evidence, protect against no-contact violations, and coordinate with any family court case is essential. The earlier a defense attorney is involved, the more of the truth can be preserved and presented.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.
Contact us for a free consultation.
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