Don’t let unfounded domestic violence charges ruin your life. Hire an expert defense attorney and explore these 5 common defense strategies
Domestic violence is taken very seriously in the state of California. Victims who have allegedly suffered violence or abuse at the hands of any “intimate partner” can immediately avail themselves of protections such as restraining orders with very little hard evidence. However, when it comes to criminal proceedings alleged abusers are still innocent until proven guilty.
If you have been accused of perpetrating any kind of domestic violence, it is imperative that you seek effective counsel immediately. Without an expert domestic violence defense attorney on your side, you risk unfounded accusations stigmatizing you for life or even resulting in jail time. Dan E. Chambers has plenty of experience in domestic violence cases and he can help you formulate an effective legal strategy based on any of these 5 common defense strategies.
Wrong Suspect
If you believe that the injuries were inflicted by another party, your attorney can help by proving that it was not possible for you to have committed the abuse. For example, the possibility of establishing a strong alibi for your whereabouts at the time of the alleged abuse could be investigated. This strategy works best where the victim is alleging a specific act of physical violence rather than an ongoing pattern of abuse.
False Allegations
Sometimes, individuals make false claims of domestic violence in an effort to hurt or punish their partner. This often occurs in child custody cases where one parent is trying to deny the “abusive” parent custody or access to the child. An attorney can help by carefully reviewing the alleged victim’s statements, comparing them to police records, eyewitness accounts, or medical records and looking for inconsistencies.
Self-Defense
If you did not initiate the violence, but only responded in order to protect yourself or your children, your attorney may be able to prove you acted in self-defense. You will need to prove that you had a reasonable fear of extreme and immediate danger and that your response was proportional to the level of threat posed by the other person.
Consent
This defense strategy is rare, but occasionally it does prove useful. Basically, your attorney will argue that you actually had the so-called victim’s consent to perform whatever violent acts are under consideration in the case.
Lack of Proof
In any criminal case, the burden of proof is on the prosecution. They must prove beyond a reasonable doubt that you are guilty. There are often multiple different opportunities for your domestic violence defense attorney to undermine their evidence and introduce doubts as to your guilt. Your attorney will also make sure that no illegally collected evidence is used against you.
