What Are The Defenses Against A Domestic Violence Charge?
[Tweet “Domestic violence defenses are available to the accused if they were charged with domestic violence.”]Several domestic violence defenses are available to the accused if they were charged with domestic violence. however, you may require an experienced Las Vegas domestic violence attorney to use them effectively.
Self-defense is a legitimate claim in domestic violence charges because the “abuser” may in fact be trying to protect themselves from the “victim”.
Domestic violence cases involve emotionally charged people. Their arguments may have led their partner to send the “abuser” to jail. To support their lie, they may also lie, tamper or create false evidence, or inflict injuries upon themselves.
Accident and other causes of injury
Sometimes, receiving injuries is unavoidable because of accidents and whatnot. The problem here is that some people quickly jump to conclusions. This is a problem because a medical professional may infer from the injuries that they were caused by battering, and therefore are obligated to report to the police just because they look like they were caused by domestic violence.
In other cases, the injuries might even have been consensual, especially if they were caused by domination play.
It’s entirely possible that the police have nabbed the wrong person because they have the same name, their reports were wrong, or they were confused about the real suspect’s appearance.
Lack of proof
The defense can claim that the defendant cannot be convicted if the prosecution lacks decisive proof that the defendant indeed committed domestic violence.
There are times that the prosecution might not have enough evidence to support the victim’s claim, the evidence might have been tampered with, or they may also have fabricated evidence.
The defense can also use their own collected evidence and witness to support the accused’s claims.
If the actions or reasoning behind the charge are too trivial, the defendant cannot be convicted.
False police report
It’s entirely possible that the police filed a false report because of other reasons like jumping to conclusions.
The defense can challenge the plaintiff’s (the victim) credibility, noting their history regarding violent outbursts, false claims, generally abusive behavior, drinking/drug habits, and motivation (i.e. revenge, money, etc.).
The defense may have a perfectly good explanation why they could not have committed domestic violence. An example: the defendant was at a store buying groceries. While they were shopping, the “victim” reported them to the police for committing domestic violence. The defendant can claim that they have an alibi because of the receipt during the time of purchase, or submit the testimonies of the store clerks or cashiers to support their alibi.
For more information about Domestic Violence, click here.