Am I guilty until proven innocent in Domestic Violence Case?

Asked almost 4 years ago - Madison Heights, MI

I've read horror stories of people falsely accused of domestic violence. My wife accused me of hitting her and had a bruise on her cheek, i was arrested. Neighbors windows and doorwall were open and they heard nothing (because nothing happened). the event occurred in my back yard. Wife has a history of lying but my court appointed attorney says that doesnt matter. All that matters is her word and my word. Is this true? Does her history of lying not matter? her parents are willing to testify against her character but the lawyer told me that didnt matter, how can character not matter? The case is in Hazel Park and was charged by the city, not the state. I've NEVER laid my hands on my wife... This has to be a ploy to gain custody and cover her affair. I Can prove some lies too.

Attorney answers (1)

  1. Thomas A. White

    Contributor Level 13

    Answered . You are experiencing what many men find out about domestic violence cases -- it is impossible to prove that you did not lay your hands on your wife. This makes defense of these cases difficult because the history between the parties is usually ignored by the prosecuting attorney. If you want to fight the case, then you may have to set it for Trial to get to the bottom of if. This usually works to bring things to a head but there certainly is no guarantees. If you have to go through a trial then you rely on the Judge or Jury to apply common sense to determine if an assault occurred.

    I would strongly advise you to consult with a criminal defense attorney who is not court appointed. If you have not been convicted of any crimes before then you may have other defense options available, too.

    I have handled many domestic violence cases and could help you. If you would like to discuss your situation then just call my office. Thanks.

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