Five Common Domestic Violence Defenses
November 23, 2021
Lack of Proof
Domestic violence cases often come down to a “he said/she said” situation. In most cases, the majority of evidence in domestic violence cases consists of victim and witness statements. In some cases, a fight does occur, but only escalates into angry screaming and finger-pointing, which is not enough to rise to the crime of domestic violence. Thus, in many domestic abuse cases, you will be able to poke holes in the story. In criminal cases, the prosecution has the burden of proof.
They must prove all of the elements of the crime beyond a reasonable doubt. Experienced defense lawyers can poke holes in the prosecutor’s case, showing the judge and jury that the prosecutor has not met his or her burden of proof. If the prosecutor cannot prove the crime, the jury will find the defendant not guilty. The more time defendant’s lawyers spend investigating the case, the more evidence they can typically find to make arguments for lack of evidence.
Deliberately False Accusations
Unfortunately, men and women have falsely accused a spouse or partner of domestic violence purposefully. Sometimes, in child custody and divorce cases, one spouse will make false accusations against a spouse or partner in order to bolster their own position in custody or divorce proceedings. For example, a mother who is seeking sole custody may make a false domestic violence claim in order to keep her children close.
The best way to defend against deliberately false domestic violence accusations is to find inconsistencies in the plaintiff’s testimony of what happened to prove that he or she is lying. Defendants can do so by comparing police reports against eyewitness accounts. If the case proceeds to a trial without a plea bargain, your defense lawyer can cross-examine the person who is making domestic violence accusations against you.
Law Enforcement Officers are Charging the Wrong Suspect
The court system is often extremely harsh when it comes to domestic violence cases. Unfortunately, domestic violence is often messy. Many domestic violence disputes involve two or more people who are both lashing out. When law enforcement officers arrive at the scene of a crime, they often cannot figure out who actually committed a crime. Similarly, they often do not have a clear understanding of who was at fault and whether one person who was involved was engaged in self-defense.
Every state recognizes a person’s right to self-defense. Anybody who is placed in a dangerous situation must be able to protect themselves from injuries and death. Even if someone is harming you, you always have the right to protect yourself through reasonable force.
If you used self-defense during a domestic violence incident, you will need to prove that your safety was in imminent danger. You will also need to prove that you were justified in causing physical harm because you were just protecting yourself.
If you need to make a self-defense claim in a domestic violence dispute, you will have an uphill battle to protect your rights. You will not be appearing as a victim in front of the judge and jury, but rather, you will be seen as the domestic violence offender. The sooner you speak with an experienced criminal defense lawyer to develop your legal defense, the better.
The Definition of Domestic Violence
Domestic violence involves causing injury or harm to a household member, or threatening or attempting to cause harm or injury to a household member while being able to carry out the threat of attempted harm. Violating a domestic violence protection order, or trespassing in a domestic violence shelter is also a crime.
Only certain relationships are considered domestic violence crimes, including spouses, former spouses, people who parent children together, and people of the opposite sex who live together, or who have lived together. Domestic violence crimes that are particularly aggressive are called “domestic violence of a high and aggravated nature.” If you are charged with that crime, it is even more important that you contact an experienced lawyer as soon as possible.
Domestic violence crimes can be charged as misdemeanors and felonies. The penalties for domestic violence are serious, and the penalties for aggravated domestic violence are even more severe. The penalties include five years of imprisonment. The facts of the case will determine how prosecutors charge the defendant.