Defending Yourself Against False Domestic Violence AccusationsAlthough there are many legitimate domestic violence claims, cases move far too quickly in far too many instances, and the defendant is found guilty of domestic violence before having the chance to present a convincing defense. When a parent or spouse—typically the husband and father—is found guilty of domestic violence for a straightforward argument that got out of hand, it is an egregious injustice. And frequently, the other spouse makes false accusations in an effort to gain an advantage (as in a child custody hearing, for example).

But what can you actually do? How can you lessen the situation if you have been accused of domestic violence and perhaps avoid being found guilty?

Mitigation Strategies

You can do several things to lessen the impact of domestic violence charges, including:

A mitigation package:

The first step is to voluntarily investigate possibilities like anger management or drug abuse treatment, which could demonstrate that you take the situation seriously and are working to obtain all the assistance you can to prevent domestic violence in the future.

Evidence that the other spouse has hidden agendas:

We can examine any potential driving forces behind your spouse’s fabrication or exaggeration of a claim. A domestic violence incident may give you negotiating power in a divorce or child custody dispute. Additionally, it may give the other party an advantage when attempting to take control of or ownership of a shared piece of real estate.

Evidence of self-defense:

Convincing evidence that you were, in fact, acting in self-defense rather than as the aggressor can help you fight a domestic violence charge. A conviction could be avoided with the help of proof of previous abuse from your spouse, threats, or other evidence that could support a self-defense defense.

Evidence of insanity or a fit of rage:

If you were acting with premeditation and in your right mind, you would be sentenced differently than if you were temporarily insane or acting in the heat of passion. Temporary insanity or the heat of passion could have a significant impact on the outcome of your case.

Evidence of drug or alcohol use at the time of the incident:

If your accuser was under the influence of drugs or alcohol at the time of the incident, this could be used to your advantage. The use of alcohol or drugs alters one’s perception of reality. If we can demonstrate that the accuser was under the influence of drugs or alcohol, it may indicate that their perception of reality was distorted, resulting in an exaggerated account of the situation. It can also support an argument that your accuser’s intoxication caused them to threaten you or provoke you to the point where you could no longer control your actions.

Legal Help From Marley Law Firm

It cannot be overstated how important it is to have an experienced attorney review the facts of your specific case. You need to review the facts of your case to provide specific legal advice. Furthermore, it is critical to work with a lawyer who has experience handling domestic violence defense cases and can fight for you to have your case dismissed if possible, minimizing the impact that these charges can have on your life.

There is far too much at stake to work with an inexperienced lawyer or to fail to mount the best defense possible. So, call (949) 726-6000 today and speak to an experienced lawyer who can help.