There’s a good reason that domestic violence allegations are take seriously. But what happens to those wrong accused?
According to the National Coalition of Domestic Violence, every year more than 1 million women are victimized by an intimate partner. While domestic violence against men does not get as much attention, it happens, and it happens often.
Wrongly Accused of Domestic Violence
But for those wrongly accused of committing acts of domestic violence, it’s pertinent that they hire a skilled defense attorney that can offer a strong domestic violence defense.
Defenses for Defendants Charged with Domestic Violence
Here are some potential defenses for defendants who feel they’ve been wrongly charged.
- Wrong suspect. There are a number of ways to establish innocence if a defendant claims someone else was responsible. Establishing innocence can include where the accused was during the time of the incident and if he or she has a reliable alibi.
- Deliberately false allegations. Sometimes individuals make false allegations of domestic violence against partners out of sheer spite. This occurs commonly in child custody disputes and divorce cases. Defense attorneys in this position will typically search for inconsistencies between the accuser’s story and the police accounts or witness records.
- Self-defense. Often times in domestic violence cases, defendants claim they acted out of self-defense, or in an attempt to protect their children. This can be an effective defense if the defendant perceived an imminent threat, was not the initial aggressor, and if their response was proportional to the initial threat.
- Consent. While consent is rare, if an individual had consented to a particular act, then that can function as defense.
- Lack of proof. A defendant’s best defense is when a prosecutor fails to meet the requisite burden of proof.
The legal system aims protect both domestic violence victims as well as those wrongly accused. An experience criminal defense lawyer will work with you to build a strong case that can save your reputation, as well as your freedom.
Source: FindLaw, 5 Potential Defenses to Domestic Violence, October 18, 2013
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