Being accused of domestic violence is a very serious allegation that can have severe repercussions if you end up being convicted. Domestic violence charges are especially worse for people who have allegedly committed abuse against their spouse and other members of their family. The Attorney General’s Office will not hesitate to prosecute these types of cases, which is why it is crucial to have legal representation if you are being accused of domestic violence. In this blog, we explain common legal strategies used to defend domestic violence allegations.
Lack of Proof
One of the strongest defenses you can use if you are facing domestic violence charges is finding holes in the accuser’s argument. If prosecutors don’t reach the required “burden of proof,” a defendant can’t be convicted. An experienced legal professional who has been trained to examine cases can help you effectively uncover holes or contradictions in the prosecutor’s argument.
In some situations, a person can be wrongfully accused of domestic violence for various reasons that have nothing to do with actual violence. This tends to happen during high-conflict divorces. In some divorce cases, a spouse will falsely accuse their ex of abuse in order to collect a larger monetary reward, gain full-custody of the children, or fulfill a personal vendetta. To dispute such allegations, you will need to find inconsistencies in the opponent’s story. Matching police records to witness accounts is one way to achieve this.
With a self-defense strategy, you have to establish that your actions were your only means of protecting yourself. For example, if someone was trying to strike you and the strike was unavoidable, then your violent action used to protect yourself can be justified.
It is important to note that it is harder to plea ‘self-defense’ if your aggression, verbal threats, or hostile hand motions initiated the conflict. For instance, if you provoke someone by calling them appalling names or making obscene gestures, then, you have implicitly taken part in the fight, which makes any violent responses used to defend yourself questionable. Although this type of case is a little more difficult to handle, an experienced attorney will know how to skillfully present evidence to prove that your violent actions were justifiable under the circumstances.
Talk to Our Domestic Violence Defense Attorneys Today
If you have been accused of domestic violence, our team of attorneys in Rhode Island and Massachusetts can help you defend your rights. When you choose us to represent you, we will stand by your side and do everything within our power to secure a favorable outcome on your behalf. We have successfully and aggressively defended the rights of those who have been accused of domestic violence for numerous years. Let us fight for you today.