In domestic violence cases, court proceedings occur on a by-case basis. In many cases, domestic violence claims are made in the heat of the moment during arguments between either spouses, partners in relationships or family members.
Additionally, there are instances of domestic violence claims being made as a way to retaliate after a disagreement or as a way to come out on top during a custody fight.
In domestic violence cases, the following defense strategies can be used:
A common domestic violence defense strategy is self-defense. Instances of self-defense pleas are often used if one partner has to defend themselves against another in an argument. For self-defense to work in this instance, a defendant must clearly establish that self-defense was appropriate for the initial attack.
Another domestic violence defense strategy is to claim that the injured party was hurt accidentally through no fault of the defendant.
For example, as 2 people are arguing, one of them slips down the stairs while pursuing the other party. During the fall, they hit their head. If the police respond to the argument and find one of them injured, the other person could use the accident defense.
How to help defend against a domestic violence charge
Here are some tips to help your domestic violence case:
Tip #1: Don’t talk about your case on social media or through email
Anything you put in writing can be used against you during your case. If you get into an argument with the accused or their friends/family on social media and admit to any level of guilt, it can only hurt your case in the long run.
Tip #2: Don’t confront your accuser
Under no circumstances should you reach out to your accuser. This means by electronic means or in person. If you contact your accuser, it can lead to further hostilities, such as more violence. Likewise, contact can violate any protective orders in place.
Why you should hire a domestic violence attorney
Handling any court proceedings can be difficult, but domestic violence cases are that much harder. If you’re involved in such a case, you need legal advice in order to get the best possible outcome.
By hiring a defense attorney, they will help you understand the process every step of the way, you’ll have someone to answer any questions that you may have and you’ll have someone in your corner, fighting for your rights.
When to hire a domestic violence attorney
Domestic violence is a serious charge. If you’ve been accused of domestic violence, you need an attorney who has the knowledge to present evidence to the prosecutor to either win your case or have your charges withdrawn before they’re even filed. Furthermore, in the event that your case goes to trial, they will be the legal representation that you need to get you through the court proceedings.