June 8, 2023

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5 Ways to Defend Yourself Against Domestic Violence Charges

3 min read

Domestic violence is a serious issue that affects millions of people each year, yet many people don’t know how to defend themselves against the charges. Given the nature of the allegations and the potential long-term consequences, it seems prudent to hire a criminal defense attorney or family Lawyers Keller TX. The following article provides five ways to protect yourself against domestic violence charges and save yourself time and money.

What Defenses Do You Have Against Charges of Domestic Violence?

Domestic violence allegations and convictions can have serious, protracted repercussions. You must be aware of your potential defenses if you have been detained and accused of such a crime in order to keep your record clean. Here are five ways to defend yourself against domestic violence charges:

1. The Charges Made Against You Are Completely false

Even if you were present when the claimed abuse took place, your victim is cheating about your participation.

For instance, your partner or spouse could have purposefully hurt themself and claimed that domestic violence was to blame. Your domestic violence defense attorney would investigate the injuries in this situation to see if they were caused by domestic violence or by another incident.

2. The sufferer was lying

Charge that the victim is deceiving you or scheming against you is a typical response to accusations of domestic assault. In an effort to discredit you or damage your career, the victim may file allegations out of resentment or out of personal animosity. Or they can be attempting to get an advantage in a custody or divorce dispute.

Whatever the situation, your criminal defense attorney will seek any discrepancies in the evidence, along with the victim’s narrative of what happened, to show that they are lying.

3. You were protecting a family member, or it was an act of self-defense

An often-used defense in domestic violence cases is protecting oneself or a family member. It follows that you can be judged not guilty even if you physically assaulted a member of your family or household. You’re not liable if the attack was carried out to protect you from potentially serious or fatal harm or to protect another person.

4. It Was a Mistake

If you acknowledge hitting the victim but claim it was an incident, your attorney will look into the situation and recreate the incident to verify the accuracy of your story. For instance, if you allege that while you were slicing food in the kitchen, your knife dropped and struck your husband, your attorney will look for supporting documentation. The position of the knife, the victim’s location at the time of the attack, bloodstains at the scene of the crime, and other potential weapons could all be considered in this.

5. The Police Infringed Upon Your Rights

While your lawyer will have a specialist understanding of how to defend against domestic violence allegations, they may be capable of entirely avoiding arguing against the particular charge by demonstrating that the police ignored your privileges when they detained or questioned you. These are some scenarios where this defense may be effective:

  • The cops turned down your request for representation when you requested one.
  • Miranda warnings were not given to you.
  • There was no justification for the police to question or search you.
  • Police erroneously collected or handled evidence.

Bottom Lines

In the end, if you are facing a criminal charge of domestic violence, then you are going to need to do some investigation on your own. If possible, try to get some documents from the accuser to see if there is any evidence that supports their claims.

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