Defenses to Domestic Violence
There are several defenses to domestic violence charges. Domestic violence is the battery of a significant other or family member. A battery is defined as the intent to cause bodily harm or an offensive touching. Our Domestic Violence lawyers can assert there is no intent to cause harm, then by law you cannot be convicted of battery constituting domestic violence.
The following are defenses to Battery-Domestic Violence charges:
- Accident (by law there was no intent to harm the person if an accident occurred)
- When alleged victims go to the hospital, and the injuries look suspicious, the medical personnel are required to make a report to the police in some cases. If it is an accident the alleged victim and the alleged abuser can usually explain the situation and no charges will be pressed. However, if there are multiple accidents and multiple hospital visits the accident explanation is less credible.
- Self Defense (you would be justified in using force in order to protect yourself from harm or bodily injury)
- In several instances one party can become physical and the other party strikes back out of self defense. It is important to document any injuries and bring forth any witnesses that can corroborate your version of events.
- False Allegations (by law no intent or battery occurred if the allegations are unfounded)
- As a strategy in the child custody or child visitation cases, sometimes a party will accuse the other of abuse. Even though the charges are not true, you must make sure that the official record states that the charges were investigated and were unfounded. That way you will protect your character and good name.
- Self Inflicted Injury (by law no intent or battery occurred because the alleged victim committed a self injury)
- It is possible for the alleged victim to create the injuries in order to frame you. It is important to get legal help and maybe even expert witnesses that can testify that the injuries and wounds were self inflicted.
- Witness Testimony (witness claims that no domestic violence occurred; ie the witness confirms your defense)
- A credible witness to the incident can make your case stronger if it is unbiased and matches up with your version of events.
- Consent / Mutual Combat (you and the alleged victim had an agreement to settle your dispute by force)
- Sometimes brothers or family members fight (although it is against the law to enter into mutual combat, it does not constitute battery domestic violence if this situation occurs)
You should hire our office of criminal defense attorneys right away if there is a report of domestic violence. It is up to the prosecutor’s office to decide whether or not to press charges. You need to make sure that you are defended from the very beginning so that you have a strong likelihood of defeating a battery constituting domestic violence charge.
In situations when a husband and wife are here on vacation and either gets arrested for Domestic Violence. We can usually meet with the District Attorney prior to a case being filed to try to persuade their office not to movie forward and prosecute the case. Often times we can dispose of Domestic Violence charges before the State files a Complaint against you.