False or Inaccurate Account in Domestic Violence: Criminal Defence with Complete Evidence
In these cases, a pattern tends to repeat itself: you feel that
“what is being said does not reflect what actually
happened”. A defence is not built on assertions — it is built on
complete evidence and a
chronological account
that holds up in the case file.
When a case is handled with a gender perspective,
the rules change regarding protective measures,
risk assessment,
evidentiary standards and
alternative outcomes. That is why the defence
plan requires method:
safe conduct + traceable evidence + control of measures.
If there is also a restraining order or a risk of breach, use the urgent guide: Restraining Orders and Breach of Court Orders.
This page covers defence strategy in gender-based cases where the account is disputed
In many partnership and separation cases, the case is decided on
procedural grounds: early protective measures,
risk assessment and contextual evidentiary standards. If you
maintain that the account against you is
false, inaccurate, exaggerated or out of context, the focus is on
complete evidence + timeline + safe conduct.
• If your case (without a gender framing) involves
injury or homicide, see:
Guide: Homicide and Serious Injury.
• If your case (without a gender framing) involves
threats, see:
Guide: Threats and Coercion.
• If there is a restraining order, urgent
guide:
Restraining Orders and Breach.
What changes when a case is handled as a “gender” matter
Regardless of the underlying charge (threats, injury or other offences), when the prosecution frames the case within a “gender context”, decisions tend to be made more quickly and there is a preventive focus that affects both the measures imposed and the overall strategy.
- Immediate protective measures: no-contact orders, restrictions, exclusion from the home.
- Contextual evidence: the complete sequence matters (before / during / after).
- Risk of a “new incident”: a message sent “to clear things up” can complicate the case file.
- Conditional resolutions: case law criteria may restrict access to probation depending on the case.
- More severe coercive measures: detentions and pretrial custody may be more common.
False allegation / unfounded accusation: the critical point
In criminal proceedings, no case is won by repeating that the account “is false”: it is won when it is proved why the account does not hold up (inconsistencies, selective excerpts, omissions, context). The plan is to reconstruct the complete picture with verifiable evidence and a coherent case theory.
What tends to work against you
“New incidents”
Direct contact, social media, “passing by the house”, persistent messages. In gender-based cases, a new incident can carry more weight than the original allegation and significantly worsen the procedural position.
Poorly assembled evidence
Isolated screenshots and excerpts create confusion. Many disputes are lost through failure to present the complete conversation with a clear timeline. We work with complete, organised and traceable evidence.
Protocol (first 24–48 hours)
- Zero contact: do not reply to messages or calls, even if they appear conciliatory.
- Preserve evidence: complete chat histories, audio recordings, emails, witnesses and objective records.
- Check the measures: scope, distance, locations, time limits and what conduct the court requires of you.
- Technical presentation: access to the case file, submission of evidence and a defence strategy.
If there are family court proceedings (interim measures, occupation of the home, maintenance), see the guide: Domestic Violence Law.
We do not improvise — we know how prosecutors and courts approach these cases and how they are litigated. To see how similar cases have been resolved, review our Criminal Case Law Library.
Evidentiary strategy in gender-based cases (disputed account)
Effective defence is built on method: chronological order, control of contradictions and presentation of evidence with a case-file logic. In disputed accounts, this makes all the difference.
- Complete chat histories: beginning, development and end (with dates).
- Audio / email: preservation and traceability (avoiding edits).
- Witnesses: who was present, what happened before, what happened after.
- Objective records: locations, receipts, CCTV footage.
- Medical/psychological report: where one exists, it is reviewed with a technical reading.
Safe conduct (protective approach)
In these cases, the defence starts with conduct: the rule of zero contact, strict compliance with all orders and planning for specific scenarios (work, children’s school, etc.).
Important: if a restraining order has been imposed, breaching it can generate new criminal problems — for example, a charge of breach of a court order.
Probation and the Góngora doctrine
In cases handled with a gender perspective, the discussion around the Suspension of Proceedings on Probation requires careful classification and evidentiary work. The actual case, its context and the viability of an outcome without a conviction are all assessed in light of the applicable case law criteria (including the doctrine derived from CSJN “Góngora”, Fallos 336:392, 23 April 2013).
Coordination with family court proceedings
Many cases arise out of separations. We coordinate the criminal defence with family court decisions to avoid contradictory submissions.
Criminal defence in domestic violence cases (disputed account)
The difference lies in strategy: complete evidence, a clear timeline and control of protective measures. Coverage: Buenos Aires City (CABA) and Province of Buenos Aires.
Frequently Asked Questions
Official sources and case law cited
For transparency and verification, we list the legislation and leading decisions referenced (official text where available).
- Law 26,485 (comprehensive protection against violence towards women): text at Argentina.gob.ar
- CSJN, “Góngora”, Fallos 336:392 (23 April 2013): CSJN document (SJConsulta)
- Penal Code (Law 11,179), Art. 239 (breach of a court order): updated text at Infoleg
- Convention of Belém do Pará (OAS, 1994): text (Refworld)
