5 Common Domestic Violence Defense Strategies
Being falsely accused of domestic violence can be a tricky situation to get yourself out of, even when you’re innocent. That’s why it’s important that your lawyer has a defense strategy that will help your outcome.
Here are 5 common domestic violence defense strategies that may help your case.
It wasn’t done intentionally.You’ve been accused of domestic violence, but what really happened was an accident.
According to Texas state law, an act that is committed knowingly, recklessly or intentionally against a supposed victim is considered domestic violence.
If you have evidence to support your claim that what occurred was indeed an accident, then your lawyer will use this information to prove your case.
There may be an ulterior motive.There are times when an accident happens and a person takes the opportunity to spin it into an intentional act of violence against them to help in a child custody case or divorce.
In an effort to thwart a person’s efforts to succeed with this tactic, Texas state law has protections in place.
It was done in self-defense.Quite often, a person who acted in self-defense in a domestic violence situation gets blamed as the abuser.
Here’s how this could look:
A person (we’ll call them the aggressor) began abusing their spouse. In an effort to get the abuse to stop, the person being abused could push the aggressor. As a result of the push, the aggressor sustains an injury. The aggressor could then spin the story that they were the one being abused, using their injury as “proof,” when that is not the truth.
When situations like this happen, your lawyer will make it known that you were only trying to protect yourself from sustaining further injury from your abuser.
It’s in your best interest to keep any and all records of threats or any other evidence of violence against you.
It was falsely reported for revenge.Unfortunately, someone may enact revenge on an ex by falsely reporting domestic violence.
The scary part of that situation is that the person claiming to be the victim doesn’t have to present evidence to support it, making it easy for a person to lie and get the other party arrested.
If you are falsely accused of domestic violence, your lawyer will need to come up with a strategy to prove your innocence—perhaps by proving that the accuser has ulterior motives. You can also be almost certain that the person who is lying won’t be able to keep the supposed details in their story straight, giving the defense ample ammo to discredit their case.
The police officer unfairly picked a side.Do you feel like the officer that arrested you had you pegged as the aggressor before even hearing your side of the story?
It happens. When it does, make sure you’re able to recount the conversations and details that support your claim.
Did you tell police that you were assaulted, but they brushed off your statement and chose not to arrest them?
Let your lawyer know. Give them as much information as you can to support the officer’s unfair treatment.
For more information on your state’s domestic violence laws so that you can be better informed and equipped to build a strong defense, reach out to a trusted domestic violence defense attorney in your area.