Domestic violence is indisputably a grave crime that deserves punishment. However, there are instances where people are maliciously or wrongly accused of having committed domestic violence. Unfortunately, most of the accused person’s case is treated as a ‘closed case’ because the victim’s version is usually readily believed.
You may be in such a situation, wondering if it is possible to counter the charges against you. Luckily, with the help of your lawyer, it is possible to get a favorable outcome by using these defenses usually used in domestic violence cases:
1. Get A Lawyer
The first thing you should do when accused of domestic violence is to get yourself a criminal lawyer who is conversant with domestic violence cases. A lawyer can give you legal advice on tackling the allegations made against you. They can also help you understand the options available to you. Your lawyer will represent you in court and fight for your freedom. To successfully counter the charges against you, you will need the guidance of seasoned criminal defense lawyers like Criminal Law Group.
2. Deny The Allegations
One of the defenses you can use in a domestic violence case is to deny the accusations leveled against you. In your defense, you can claim that the victim got injured by someone else, if at all. To prove that, you will have to counter the evidence filed by the victim suggesting that you were at the crime scene with a credible alibi. With the help of your lawyer, you can state and prove that your whereabouts at the alleged time of the crime were elsewhere and not the same as the victims.
3. State That It Was An Accident
In this instance, you cannot deny that you injured the victim, only that the injury occurred without your intention.
Under these circumstances, your criminal attorney will help you put together evidence that should be consistent and which should conform to your claim. For instance, you can claim that while carrying out some repairs in the bedroom, your partner was behind you as you were hammering the walls, thereby accidentally hitting her. You can argue that even though your partner was injured, the act was not intentional. The court will carry out investigations to verify the credibility of your allegations under the circumstances. If your story is consistent with their findings, your chances of having the charges dropped against you are high.
Closed-circuit television cameras or CCTV videos and photos can prove your claim that the victim’s injuries resulted from an accident. If you have possible witnesses, you can ask your lawyer to speak with them to testify for you. Any prior recording, text messages, or recorded calls of a possible heated argument must be checked as a precipitating factor. Work closely with your defense lawyer to find other evidence and legal options to drop your charges.
4. Claim That It’s A Fabrication
Partners may fabricate stories of violence to get even. They may do this to win child custody battles, get possession of their partner’s property, or get their partner out of their lives. To prove your innocence, you will have to convince the court that the victim was hurt in other circumstances, if at all, and not by you and is acting in bad faith.
For instance, you may tell the court that the victim got hurt in the shower but is fabricating the story to bring false accusations against you. In that case, the victim’s injuries will be examined by a doctor to confirm if they are consistent with your claim. The court will also check for inconsistencies between oral and written statements. If the court finds that the victim fabricated the allegations, the charges against you can be dropped.
5. Plead Self Defense
If you plead self-defense, the court will want to know why your partner is violent or has violent tendencies. The court will also compare your account of events with the police records to rule out anything said as an afterthought. You can show the court that you also suffered injuries while trying to defend yourself and that you are the victim. You can demonstrate to the court that the injuries suffered by the victim are consistent with self-defense on your part. You can use the damage in your homes, such as holes made by your fists on the walls and broken items, to demonstrate your self-defense claims. If the court finds consistency in your self-defense claims, domestic violence charges against you can be dropped.
6. Lack Of Proof
Domestic abuse charges can affect employment because they often appear in background checks. Most employers don’t want to deal with job candidates who have criminal records. This is because doing so can affect their teamwork, professional relationships, and brand reputation. Hence, it’s crucial to counter a domestic violence charge as early as possible to prevent it from impacting your career and entire life. One of the ways to do this is to establish a lack of proof or credibility.
You can counter domestic violence charges if, for one reason or another, the victim fails to appear in court to testify against you or the court finds that the claim lacks credibility. It could happen if the prosecutor’s case is based entirely on the victim’s allegations or if the police report left out crucial aspects of the incident.
Investigative errors could have been the cause of critical details not being taken into account, such as dusting broken items at the scene for fingerprints to determine if they might have been used as weapons. Hence, if the main complainant is not available to testify against you or there is insufficient evidence to incriminate you, then there’ll be no case against you.
That’s why the role of a defense lawyer is important. Hire a criminal defense lawyer with years of experience, especially in winning court cases associated with domestic violence. That way, you can obtain the best legal representation to ensure all aspects of your case will be investigated. Read reviews and obtain referrals from trusted people to choose the right defense attorney for you.
During the pendency of the domestic violence case, you may be out on bail. During this period, tread carefully and avoid doing anything that may cause you to violate the terms of any restrictive orders against you, even if the limitations are partial and allow you to be in contact with the alleged victim. Make sure you attend scheduled court sessions, or else you may risk a warrant of arrest against you. And if the events are too much to handle, seek professional therapy.
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