Bowden Law, PLLC
How to Defend Against Domestic Violence Allegations
Have you been accused of domestic violence? Many times law-abiding citizens face false domestic abuse accusations and find themselves in trouble with the law. They say that you are innocent until proven guilty, but that does not always feel like the case. If you are facing domestic violence charges, then you need an aggressive defense attorney to help level the playing field in court. Take immediate legal action today! Here is a list of helpful tips from our Macomb County criminal defense lawyer of how to defend yourself against domestic violence charges:
- Be sure to abide by the "no contact" order. In serious domestic violence cases, the court will demand that you refrain from contacting the alleged abuse victim. Whether you want to talk things out and try to mend things, it is vital that you abide the no contact order at all costs.
- If there is no legal limitations of contact in your case, then reach out to the alleged victim and try to mend things. By apologizing and showing your remorse, they may decide to drop the charges against you.
- Hire an attorney who specializes in the area of domestic violence and has experience with cases of this nature.
- Prove that you acted out of self-defense. If you were concerned with your own safety which made you act out in self-defense, then it would not constitute domestic violence charges.
- Prove that you acted out of necessity to protect a child. If it was necessary to take physical action in order to protect yourself or another person, then it would not be considered domestic abuse.
- Prove that you acted with legal justification on your side. If your actions were legally justifiable, then you cannot be found guilty of such a crime.
- There are also factual defenses that can assist in your case. If it is a fact that you did not batter the victim and you can prove that no crime occurred, then a domestic violence conviction would not be merited.
- Another possible defense is founded on constitutional grounds. If we find that the police or arresting officer did not read your rights before questioning and interrogating you or they conducted an illegal search and seizure of any kind, then your case could be dismissed.
- Get an attorney who can reason and negotiate with the prosecution to get your charges dismissed or reduced. Be sure to retain a highly skilled trial lawyer who can protect your rights both inside and outside of court.
- If the evidence against you is strong, then you must show that the act of abuse and violence was an isolated incident and it will never become a pattern. Everyone can lose their temper at times as long as it does not become a continuous destructive occurrence. In order to minimize any potential penalties, your attorney may need to agree to probation, anger-management counseling or even a small jail sentence.
- If your outburst of violence was caused by alcohol or drug use, then you could suggest rehabilitation to the court and show them that you are willing and open to change these behaviors. Remember that if you are convicted of domestic violence, you will no longer be legally permitted to purchase a firearm.
- If the character of the alleged victim is questionable, then you must exploit that in court. By refuting their testimony and poking holes in their case, the jury will find that the victim's account could be false, exaggerated or skewed.