Any time that a person receives domestic violence charges, it is a very serious matter. These types of charges not only carry the possibility of legal consequences, but can also greatly harm your standing in your community, and in some cases, can even affect your professional life.
While domestic violence is certainly a significant problem in every part of the country, that does not mean that all domestic violence charges are just. In many cases, the charges are truly unfair, or simply untrue.
After receiving domestic violence charges, you need to consider your next moves quite carefully. The strategy you choose for defending yourself is crucial to defending your name and your future freedoms and privileges.
The good news, if there is good news in this situation, is that there are several legitimate defenses against domestic violence charges, and one or more of them may fit your circumstances.
Are the charges completely untrue?
If every person who was ever charged with a crime or accused of wrongdoing faced imprisonment, then almost all of us would experience jail time at one point or another. Realistically, a large portion of domestic violence charges are inaccurate.
A common scenario that occurs in many domestic violence charges is one individual falsely accuses the other person. There are many reasons for this, but usually it is due to unhealthy things inside of the relationship. In many cases, an act of domestic violence occurred at some point in the past, but the current allegations are based on an invented incident as an act of revenge. Regardless of the suspect’s past behavior, it is not truthful to claim an act of violence occurred when it did not.
Similarly, in some cases, a person who experiences violence may misidentify a suspect, especially in an unfamiliar environment or while under the influence of some substance, or even because of stress. While this is understandable, it is not justice.
Are the charges inaccurate?
Other situations are more complicated, and require careful handling. In some cases, a suspect may have actually committed some sort of violent act, but did so as an act of self-defense in the face of violence or the threat of violence from the other party.
Also, it is possible that the line between consent and non-consent to some very physical act got blurry, and now you face domestic violence charges. Sometimes it difficult to explain to your family or community, or to the police, that you and the other person consensually engaged in violent acts in a moment of passion. After the moment, things may feel different on one side, which can lead to unfair accusations.
Where’s the proof?
No matter what charges get thrown at you, it is important to keep in mind the burden of proof born by the accuser and the prosecution. If the person who accuses you of an act of violence has no way to prove it, this may offer you leverage against the allegations.