Defending Yourself Against a Domestic Violence Claim
Domestic violence is a serious charge that can have far-reaching consequences in your life. Simply being accused of domestic violence can ruin your reputation, put your job in danger, and shatter your personal relationships. A conviction for domestic violence can result in fines, jail time, and even the loss of certain rights, such as owning a gun.
Unfortunately, domestic violence is common in Kentucky, with more than 45 percent of women and 35 percent of men living in the state having experienced violence at the hand of an intimate partner at some point in life. In 2022, Kentucky police made 8,867 arrests for domestic violence and issued 16,402 Emergency Protective Orders.
Not everyone who was arrested or served with protective orders were guilty of domestic violence, of course, and every person charged with domestic violence should be viewed as innocent until proven guilty. Proving your innocence is not always easy, however, especially without the criminal defense attorney Bowling Green residents need.
Fortunately, it is possible to defend yourself from domestic abuse claims. In fact, there are several very effective defenses commonly used in domestic violence cases. Criminal lawyer Findlay can help you determine which defense may be the most effective for your case.
Common Defenses Used in Domestic Violence Cases
Self-defense
As the most widely recognized defense in domestic violence cases, self-defense involves showing that you were merely trying to defend yourself or others from imminent bodily injury or other harm.
To use self-defense in a domestic violence case, you must establish the following elements:
Reasonable belief – you must show that you genuinely believed that there was an immediate threat of violence or harm against you or someone else
Proportional response – you must demonstrate that your actions were a reasonable and proportional response to that threat
Lack of aggression – you need to prove that you did not provoke the situation or initiate the violence
Evidence of your claim of self-defense may be supported with photographs of your injuries, witness testimonials, hospital or other medical records, or other documentation.
Lack of evidence
Challenging the prosecutor’s evidence may be an effective strategy against a domestic violence claim. Your Ohio criminal defense attorney will analyze the evidence against you, and look for any inconsistencies, weaknesses, or contradictions that can cast doubt on the allegations. Your lawyer may highlight gaps in the evidence, for example, challenge the reliability of the scientific evidence, or question the credibility of the witnesses for the prosecution.
Lack of intent
You may be able to prove that the alleged act of domestic violence was unintentional or accidental.
False accusations
Sadly, false accusations of domestic violence sometimes happen as the result of revenge, jealousy, or an attempt to gain leverage in a divorce or custody battle. Proving that false allegations have been made may include investigating the accuser’s background for a history of making false allegations, gathering evidence of possible motives, and presenting witnesses or other evidence to prove that you have been falsely accused.
Proving these defense claims requires the expertise of an experienced criminal lawyer. When it comes to domestic violence defense, Potter Law is the domestic violence, personal injury and dui attorney Bowling Green residents can rely on for the best possible outcome.