Did you know that 10 million people are victims of domestic violence annually?
Although so many people suffer from domestic violence every year, many others are subject to false accusations.
If you’re dealing with false domestic abuse charges, you came to the right place.
Read on to learn more.
What is Domestic Violence?
Although there are many different ways to categorize domestic violence, there’s a clear definition of the term. Domestic violence refers to the violent pattern of abusive behavior that happens in a relationship. It often involves one partner trying to maintain control over the other.
There are different types of domestic violence that are the most common: physical abuse, emotional abuse, economic abuse, psychological abuse, and sexual abuse.
Physical abuse is a type of domestic violence that happens when one partner inflicts physical harm over the other. Physical violence is in the form of slapping, hitting, biting, shoving, punching, burning, and more.
Domestic violence also takes the form of emotional abuse when one partner intimidates the other. The abusive partner might result in tactics to harm the victim’s self-worth or self-esteem.
Many domestic abusers also abuse their partners by cutting their financial resources. The victim might feel like he or she doesn’t have access to funds. The abuser might stop them from having access to bank accounts or forbid them from getting a job.
In some instances, the abuser might threaten their partner in psychological ways to prevent them from leaving them. The abuser might threaten the victim by suggesting to harm themselves, their children, pets, or a loved one.
Sexual abuse is another type of domestic violence. The partner in control might coerce the other partner into having sex with him or her.
It also involves making demeaning sexual comments, jokes, and attacking sexual body parts.
Main Defenses to Use in a Domestic Violence Case
If you or another person gets accused of domestic violence, their private attorney can use a number of tactics to defend them.
Deny the Domestic Abuse
If the person accused of domestic violence claims he or she didn’t do it, their attorney could do a few things to prove their innocence.
For starters, they will ask you to talk about your whereabouts. You will have to prove where you were during the time of the crime.
If you want to use this defense, you will have to present a credible alibi. However, keep in mind the victim could present evidence such as 911 recordings or the testimony of the neighbors.
Claim the Victim Lied About the Abuse
In some instances, the abused party could be making it all up to harm the alleged abuser. For those who want to claim it was all a lie, they will have to prove the abuse didn’t happen.
Your defense attorney will focus on finding inconsistencies with the story. The attorney might be able to prove the victim hurt himself/herself in an accident.
For example, they might have fallen in the shower or had a car accident.
The Events Were an Accident
Accidents and misunderstandings happen, so if the alleged abuse were an accident, you would have to prove it.
Your attorney will ask you questions to piece it all together and determine if it was an accident. They will interview you and the victim to find inconsistencies in the narrative.
For example, you might claim the alleged victim slipped and their head, but they could claim you shoved them. If it were, in fact, an accident, your lawyer would find a way to prove it.
If you claim you were only protecting yourself from the victim, you will have to prove it.
The attorney will start by checking the police report to check if the victim admitted fault at any point. Compare both sides of the story for inconsistencies.
The attorney might also want to check medical records that might suggest the injuries were in self-defense. You might also have some injuries if you claim self-defense. The victim might have attacked you first.
Beyond a Reasonable Doubt
Your attorney might also be able to build a defense case if there no consistent proof against you. For example, the victim might decline to offer testimony against you.
In this case, your attorney can claim the victim cannot prove the allegations against you.
Other things your attorney can do to prove beyond a reasonable doubt is the following:
Demonstrate there are no allegations made against you in the police report. Also, you can prove there were no damages to your property.
Accept the Charges Based on the Behavior of the Partner
If you have no choice but to admit the charges, your attorney can still build a case to defend you.
You can claim your partner had a bad temper that provoked you. Also, you can try to prove your partner is abusive towards your children or other family members.
The attorney will try to find evidence to prove your claim. For example, it will be important to find witnesses that can corroborate your story.
Admit Fault Without Charges Against You
If you’re guilty of the abuse, but there were a few mistakes in the investigation, your attorney might be able to build your defense case.
The attorney might try to prove the police committed misconduct when they questioned you. For example, did the police fail to read your basic rights?
Did they question you without your lawyer present? They failed to let you know you had the right to remain silent.
Also, the police could have failed to take your testimony of what happened. All of these things can be used by your attorney in your defense.
This is How You Can Fight Against Domestic Abuse Charges
Now that you know how you can fight against domestic abuse charges, it’s time you get the help you need.
You can fight against domestic abuse charges by denying the claims, claiming self-defense, proving it was an accident, and more.
Are you in North Carolina in need of a bail bond? Contact us for more.