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How does someone defend against domestic violence charges?

On Behalf of | Oct 29, 2021 | Domestic Violence |

Situations involving domestic violence are serious matters in California. The law intends to protect people in the Golden State from harm caused by a spouse, partner, child, or anyone else putting another person’s life in danger. Not all domestic violence claims are valid, though. Some will file false charges for illicit purposes, such as swaying a child custody decision. Those falsely charged with domestic violence could explore a viable defense strategy.

Defending domestic violence charges

Providing proof that establishes accusations are false could undermine a domestic violence case. False accusations might extend to blaming the wrong person for violent actions, either deliberately or by mistake. Counterevidence may establish the truth, including text messages or video footage that points to the truth.

Sometimes, the victim’s story falls apart. People not telling the truth could make inconsistent statements, and a defense strategy might emphasize the problematic nature of the statements.

Defending against domestic violence charges

Self-defense stands as a reasonable counter to domestic violence charges. Using appropriate levels of force to deal with a physical threat may support a self-defense claim. However, excessive force might undermine this defense.

And yes, some incidents occur because the injured person consented to the behavior. Two people challenging each other to a fight may constitute consent to physical violence. Proving consent could be necessary to use this defense effectively.

A lack of evidence might cause a domestic violence case to fall apart. A victim’s claims may start an investigation, but corroborating proof of violent behavior becomes necessary to build a case. A lack of witnesses or medical records could make a claim difficult to prove.