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What are the potential defenses to domestic violence charges?

On Behalf of | Sep 27, 2021 | Domestic Violence |

Domestic violence charges are taken very seriously in California. As a result, if you are facing such charges, you need to have strong representation in your upcoming case. This is especially important if you have been wrongfully accused of the crime. There are five potential defenses that can be used in your domestic violence case.

The police have the wrong suspect

One of the most common defenses in a domestic violence case is to claim that the police have the wrong suspect. This occurs when the defense argues that someone else committed the offense. It can help to prove the defendant’s innocence by providing evidence showing they were not near the scene and that they have a solid alibi.

The allegations are deliberately false

Sometimes, a romantic partner or former romantic partner might make up false allegations of domestic violence against a person. This is often done out of anger or spite and frequently during divorce or child custody cases. The defense can argue that this is the case and that the defendant is innocent. To prove the case, inconsistencies in the accuser’s claims can be disproved.

The defendant acted in self-defense

Domestic violence doesn’t always take place against a romantic partner. Sadly, children are often a target of this type of abuse. A possible defense in a case is that the individual acted in self-defense of their children to stop them from being abused.

If there are no children involved, self-defense can be claimed if the individual acted in a way to stop the abuser from harming them.

The act was done with consent

This is a very rare defense for a domestic violence case. If a person consented to a certain violent act, it can hold up against charges.

There is lack of proof

Finally, lack of proof is often a defense in domestic violence cases. If the prosecutor cannot conclusively prove that the defendant committed the offense beyond a reasonable doubt, the case can be thrown out.

Being falsely accused of domestic violence or another crime can be damaging to your reputation. It is important to understand the gravity of the situation and to understand your options for taking action.