Learn the common strategies your lawyer may use for your domestic violence case
There’s nothing more devastating than discovering that you’re facing domestic violence charges, especially if the allegations against you are completely unfounded. Unfortunately, the law isn’t always on the side of the wrongfully accused.
While the law might not always be in your favor, domestic violence charges don’t have to mean the end of your life. Thankfully, there are 5 domestic violence defense strategies that can help your lawyer fight for fairness and justice in the courtroom.
Strategy 1: The act was unintentional or unknowingly committed.
Texas state law requires that an act be intentional, reckless or committed knowingly against the alleged victim in order for it to legally be considered domestic violence. Hence, if the alleged victim’s injuries were the result of an accident that wasn’t committed intentionally, it would not meet the requirements to be considered an act of domestic violence.
Strategy 2: The “victim” has ulterior motivations.
It is relatively common for ex-partners to try to spin an innocent accident into a domestic violence case in order to gain the upper hand in a divorce or child custody case. Thankfully, Texas state law offers some protection when it comes to this category of domestic violence charges.
Strategy 3: The act was in self-defense.
In many domestic violence cases, the person being labeled an abuser was actually acting in self-defense. For example, let’s say a wife was physically assaulting her husband without provocation. The husband, having reached his limit, chooses to use force to push the wife off of him. If the wife sustains an injury as a result of this push, she might try to claim that her husband abused her. Even if the husband truthfully claims that he was behaving in self-defense, law enforcement may arrest him and he may face domestic violence charges.
In cases like these, your attorney will argue that any alleged “assault” was in reality merely you trying to protect your own physical wellbeing from an abuser. Keep records of any threats or admissions of violent acts that you’ve ever received in writing from your ex-partner, such as text messages or social media posts. This can help strengthen a self-defense case.
Strategy 4: There were false allegations due to revenge.
State prosecutors don’t always require evidence of an assault or an injury when they charge someone with domestic violence. Sadly, there are people in this world who outright lie in order to get revenge on an ex-partner. This is tragic and wrong as it leads people to doubt real victims of violent and sexual assault.
If the allegations against you are totally unfounded, your defense attorney will try to make this case in court. While a lack of medical records or photographic records of injuries doesn’t serve as a guarantee that you’ll be exonerated, it does help to strengthen your argument of false allegations. It introduces a huge element of reasonable doubt.
Accusers who are lying tend to poke holes in their own stories. For example, if a husband is alleging that his wife assaulted him when she didn’t, he will likely have a difficult time keeping his own story straight. He might tell the responding officers that she hit him on their front lawn, but then later say it happened in the backyard when he’s addressing the court. Watch out for these inconsistencies, as they can be beneficial in proving your innocence.
Strategy 5: There was police misconduct.
Sometimes police officers let their personal biases get in the way of their work. An officer responding to a domestic violence call may unfairly pick sides and carry out an unlawful arrest.
It’s important to obtain all relevant police records pertaining to your arrest. You and your attorney will go over these records and look for any inconsistencies or violations of your rights. For example, if you asked for an attorney but were denied access to one, the charges against you could potentially be dropped, as this is a massive violation of your civil rights.
If you told the responding officers that you were assaulted but they chose not to arrest your partner, this information could be invaluable in making the argument as to why you were treated unfairly and unconstitutionally.
There are many different strategies used in court to combat domestic violence charges. Above all else, there’s no better strategy than a defense attorney who will fight for fairness and your rights.
If you’ve been wrongly accused of domestic violence, then you need a Texas domestic violence lawyer who understands the law and will do everything in their power to ensure that the truth prevails and that justice is served.
Contact Matt Sharp today for your free consultation.
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Across the United States, local and federal law enforcement agencies have reported a spike in domestic violence crimes during the coronavirus pandemic. If you or a loved one are charged with family violence assault in Texas, continue reading to learn about some of the potential legal consequences you could face. Read more