5 Possible Defenses for a Domestic Violence Case

When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge. A domestic violence conviction can have serious, long-lasting consequences. Those convicted may face prison sentences, lose custody rights, face eviction, or have a criminal record that follows them for years. Both state and federal courts can bring domestic violence charges, which only heightens the seriousness of these allegations. Anyone facing these charges should consult with an experienced attorney to explore all possible defenses against the accusations.

Domestic Violence Defenses an Attorney May Use

The aftermath of a domestic violence incident is often filled with high emotions, both for the person bringing the charges and the accused. High emotions can cloud judgment, making it difficult to clearly assess the situation. Having an attorney with a clear perspective is essential to evaluate the case and identify potential defenses that could protect the accused.

Here are five common defenses that a skilled attorney may use when defending a client against domestic violence charges:

1. The Charges Are Not True

One of the most straightforward defenses in a domestic violence case is that the allegations are simply false. False accusations may arise from misunderstandings, miscommunications, or in rare cases, malicious intent. An experienced attorney will work tirelessly to help their client demonstrate their innocence by:

• Examining the prosecution’s case for inconsistencies in testimony and evidence.
• Assisting the defendant in establishing an alibi that accounts for their whereabouts during the alleged incident.
• Reviewing physical evidence and seeking additional discovery to bolster the defendant’s argument.
• Cross-referencing the narratives from both parties to create a coherent and truthful recount of events.

For instance, if a person is accused of domestic violence, yet was in another location at the time of the alleged incident, presenting solid alibi evidence could disprove the accusations.

2. The Incident Was an Accident

Not every physical injury is the result of intentional harm. In some cases, an alleged victim may indeed have suffered an injury, but it occurred unintentionally. If this defense is applicable, the attorney’s role is to show that the injury was accidental, not due to malice or violence. To support this defense, the attorney may:

• Scrutinize the physical evidence to see if it aligns with an accidental cause rather than intentional harm.
• Develop a detailed narrative that explains how the injury occurred by accident.
• Seek expert testimony or additional evidence to support the claim that the harm was not deliberate.

For example, if someone accidentally knocked their partner over during an argument, resulting in injury, an attorney might use this evidence to argue that the injury was unintentional.

3. Self-Defense

Many domestic violence cases are not as clear-cut as they may first appear. There are always two sides to a story, and in some instances, the person facing charges may have acted in self-defense. If this defense is appropriate, the attorney will focus on proving that the defendant’s actions were a reasonable and necessary response to protect themselves from harm. In establishing a self-defense claim, the attorney may:

• Investigate the defendant’s story to gather evidence supporting the claim of self-defense.
• Look at patterns of behavior from the relationship that suggest a history of violence from the alleged victim.
• Review police reports for evidence that the alleged victim may have been the initial aggressor or admitted to violent actions.
• Present evidence that the defendant also sustained injuries during the altercation, proving they were not the sole aggressor.

For example, if the defendant had to push their partner away to avoid being struck, this could be viewed as a reasonable act of self-defense.

4. Lack of Sufficient Evidence

In any criminal case, the burden of proof lies with the prosecution. The prosecution must demonstrate beyond a reasonable doubt that the crime occurred as alleged. Domestic violence cases often rely heavily on personal testimony, and memories of the event may differ significantly between the parties involved. If the evidence is insufficient or conflicting, an attorney can use this as a defense. Key strategies may include:

• Closely examining the prosecutor’s evidence for gaps or inconsistencies.
• Presenting conflicting evidence that casts doubt on the victim’s story.
• Arguing that the prosecution lacks the necessary evidence to meet the burden of proof for a conviction.

For example, if the only evidence of domestic violence is the victim’s testimony with no corroborating witnesses or physical evidence, an attorney could argue that the case lacks the proof needed to convict.

5. Mishandling by Law Enforcement

Proper procedures must be followed by law enforcement at all stages of a domestic violence case, from arrest to evidence collection. Any misconduct or errors during these procedures can weaken the prosecution’s case or even result in a dismissal. If law enforcement mishandled the case, the attorney may focus on proving this misstep. A defense based on police misconduct could involve:

• Demonstrating that law enforcement failed to follow proper procedures, such as obtaining evidence without a proper warrant or conducting an illegal search.
• Proving that the defendant’s rights were violated, such as not being informed of their Miranda Rights or being denied access to an attorney.
• Highlighting instances where evidence was mishandled, improperly collected, or lost.

For example, if a search of the defendant’s home was conducted without probable cause or a warrant, the attorney could move to suppress any evidence found during that search.

The Importance of Strong Legal Representation

Domestic violence charges are serious and can have long-lasting effects on every aspect of a person’s life. A conviction can lead to a loss of personal freedoms, significant damage to one’s reputation, and personal hardship. Having a qualified and experienced defense attorney who understands the complexities of domestic violence cases is critical.

By carefully examining the details of the case, an attorney can identify the strongest defense strategy and work to protect the defendant’s rights.

Contact Us for a Free Consultation

If you or someone you know is facing domestic violence charges, don’t wait to seek legal help. The sooner you speak with a skilled attorney, the sooner you can begin building a strong defense. Call us today to schedule a free consultation and get the legal support you need to protect your future.