Domestic Violence Defense: What You Need To Know
If you’ve been charged with domestic violence, it’s important to take those allegations very seriously. Getting a lawyer should be your absolute first priority, even if you’re 100% innocent and know that you can prove it. A strong domestic violence defense often comes down to a handful of potential options, and it’ll be up to you and your attorney to decide what the best course of action is.
Common Domestic Violence Defense Strategies
For defendants who believe they have been falsely accused of domestic violence, there are a few potential defense strategies:
1) Deliberately False Allegations
It is not unheard of in relationships with a lot of conflict, or in contentious divorces, for one party to make false allegations of domestic violence against the other.
In these situations, a common domestic violence defense strategy is to compare the alleged victim’s story with any evidence and/or witness accounts that might corroborate or disprove their accusations.
If the person being accused of domestic violence was not actually the initiator of the assault, but rather defending themselves from a hostile partner, they can claim self-defense.
A claim of self defense may work if the defendant reasonably perceived an imminent threat, had a proportional response, and was not the initial aggressor. Additionally, self-defense can be claimed if the defendant was trying to protect their children.
3) Acting With Consent
In very rare circumstances, an act that was performed with a partner’s consent may later be construed as domestic violence.
If there is a history of such consensual behavior, of proof that the act in question was done with the consent of the the person alleging domestic violence, then it will be easier for the defendant to argue that the charges are not true.
4) Lack Of Proof
A defendant’s strongest domestic violence defense is often the legal strategy of poking holes in the other side’s arguments. A defendant cannot be convicted when the prosecutor fails to meet the requisite burden of proof.
Finding An Attorney
If you’ve been accused of domestic violence, you need to find an experienced domestic violence defense attorney right away. Your attorney will evaluate your case and help you understand what options are available to you.
Before meeting with your attorney, be prepared with as much information and evidence as you can gather to help prove your innocence in the case. Be open and honest with your lawyer, and make sure they have all the information (both good and bad) in order to provide the strongest defense possible.
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