What Are the Four Types of Defenses in Domestic Violence Cases?

March 4, 2022

A regular fight between relatives or marriage might lead to a nasty encounter for each individual involved even after the argument is over. Tension and voices rise, individuals fight physically, and soon the police are at the door. If you have been involved in domestic violence and have a case, find a domestic violence law firm here today

When charges are raised against you, you will need to hire an attorney who will help you assess the police report about the incident and make a defense. After studying the police report, your attorney should have the following questions:

  • Is there a 911 recording to challenge or support the information you offered to the police regarding the incident?
  • If there were individuals who witnessed the happening, and how their explanation supports your claims?
  • How recent are the injuries of the victim?
  • What emotional state were you in during the incident?
  • What emotional state were you in during the police interview?
  • What emotional state was the victim?
  • If the report notes physical signs on the victims or your clothes show signs of struggle such as bloodied or ripped clothes and injuries?
  • Have you ever been reported by the victim or any other individual for domestic violence?
  • Does the house indicate any signs of violence?
  • Does your version of the incident contradict the police observation of the incident?

Your attorney will ascertain if the charges against you are major or minor based on the outcome of the questions above. The domestic violence attorney will also take into account if you made reports inconsistent with your defense or that could incriminate you. After the attorney concludes that the police findings are consistent with your defense, he will collect evidence to support it.

The following are four types of defenses you can use in domestic violence, which your attorney will assist you in formulating:

1. Plead Innocence: I Didn’t Do it

 If you claim you did not do it or that the victim underwent abuse with another individual, your lawyer will research information to reinforce this. The lawyer will inquire about your whereabouts during the incident. This includes your proximity to the incident, time, and if you have any alibi. Your attorney will attempt to establish a reliable explanation.

They will search for any evidence that can indicate you were absent at the scene. For example, the 911 recording might have taken your voice, or the neighbors may have overheard or seen you. The lawyer will look for physical evidence, such as your car in the driveway, that suggests that you were present at the scene.

2. He or She Lied

There is also a possibility that your partner or spouse might have created a false story. If you pick this to be your defense, your lawyer will need to establish if the wounds on the victim support your story version and if your story is consistent with the offense report. For example, when you say the victim got an injury while showering, though there is no evidence to support that in the report of any signs of injury has taken place, then this might not be the best approach. 

3. Plead Self-Defense: I was Defending Myself or My Kids.

Suppose you say that you were only attempting to defend your kids or yourself. In that case, your attorney will check the police report to see if the victim administered any violence and determine the cause for the violence. For example, the victim fears you. In this case, the attorney will relate the police report account and your story, check if the injuries undergone by the victim support your claim on the grounds of self-defense, and check for inconsistencies and defensive injuries on the victim. Such evidence includes physical damage in the house not caused by the victim, like punch holes made by fists on the walls.

4. It Was an Accident.

‘It was an accident’ defense suggests that you caused the injuries unintentionally. Your lawyer will examine your story’s reliability if your defense states that the whole fight was an accident.

For example, if you claim that the incident was an accident of a hammer that slipped out of your hand and hit the victim as you were repairing something in the kitchen. Your attorney will look for the position of the hammer, repairs in the kitchen, stains of blood on other types of equipment while also checking where your spouse was during the incident.

In other circumstances, you may be required to coordinate with the victim and seek case dismissal after treatment and counseling. You will also need to reassure the court that the incident won’t occur again by taking responsibility for your actions. Your cooperation with the defense lawyer, being honest, and not withholding essential information may lead to the success of your case.

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