3 Effective Ways to Defend Against a Domestic Violence Charge
Domestic violence accusations have long-reaching consequences. In the immediate, they can result in criminal charges, taking away your freedoms. In the long term, they stain your reputation. You could lose contact with friends and family members, and you could potentially lose your job.
The unsettling truth is this: Many domestic violence allegations are false. YouGov conducted a survey in 2020 which yielded surprising results. The organization concluded that over 20 million Americans have been falsely accused of domestic violence.
If you’ve been accused of this crime, you should not take the situation lying down. Make sure to secure a good attorney, and discuss these three defense strategies with them.
Use Solid Evidence
It may sound overly simple, but here’s the truth: If you didn’t do something, the evidence can speak for itself.
Having an Alibi
Your attorney should scrutinize every detail of the accusations against you. If there is a hole in the case, they can exploit it. For instance, your accuser’s timing may not add up. They could say that you assaulted them at a time when you weren’t even present. Your attorney may be able to use documentation to prove that you were elsewhere when the alleged event took place.
Deconstructing the Accusation
Other evidence may not support your accuser’s story. For instance, medical records could be inconsistent with the claim. If they say they were punched in the face, but there is no bruising, you may have a solid defense.
Physical damage can also help your case. Perhaps someone accuses you of throwing something heavy at them, but there are no marks on the wall or broken objects to support this. Maybe you are accused of using something to beat someone, but that object has no markings consistent with the claim.
Explain That It Was an Accident
When tempers flare and harsh words are spoken, people get their feelings hurt. They sometimes want revenge, and they use any excuse to lash out and hurt the other person.
In a heated exchange, you may flail or point at someone, accidentally contacting them. This act sends them sprawling, and in the heat of the moment, they refuse to believe that you didn’t mean to do it. Situations like this happen all the time. It’s important that your attorney meticulously breaks down the events in question, revealing that any contact you made was unintentional.
Prove Mitigating Circumstances
When someone behaves in an unexpected, illegal way, it is often the result of mitigating circumstances. These are outside situations that can leave someone feeling they had no choice but to act out.
Imagine a scenario where someone is in the middle of a mental health crisis. They are lashing out, throwing things, and scaring the kids. Their spouse tries everything they can to calm them down, but nothing works. Out of fear and desperation, the level-headed spouse may slap the raging one, simply trying to control the situation.
On many occasions, people have used their feelings of powerlessness as a credible, effective defense against domestic violence. The alleged abuser may have felt trapped, threatened, or otherwise unsure of how to handle a dangerous situation.
Make sure to tell your attorney every detail of what happened in your case. They may be able to use your experience to help convince the court that you believed you had no choice but to lash out.
If you’ve been accused of domestic violence, our firm is here to help. You can schedule time with our team online, or you can call us at (561) 475-2752.