The state of California takes domestic violence very seriously. With very little concrete proof, victims who claim to have been subjected to violence or abuse by any “intimate partner” can immediately apply for protections like restraining orders. But in legal proceedings, accused abusers are presumed innocent until proven guilty.
You must get competent legal representation right away if you have been charged with any type of domestic abuse. Without a knowledgeable defense attorney for domestic violence on your side, you run the possibility of false allegations stigmatizing you for life or possibly landing you in jail. With his extensive knowledge of domestic violence cases, Chambers Law Firm can assist you in developing a strong legal strategy based on any of these five typical defense tactics. Call us at 714-760-4088 to request a free legal consultation.
The police have the wrong suspect
If you think that someone else caused the injuries, your lawyer can aid by demonstrating that it was impossible for you to have conducted the abuse. For instance, it might be looked at whether you had a good excuse for being somewhere else when the claimed abuse occurred. When the victim is accusing someone of a singular act of physical assault rather than a consistent pattern of abuse, this tactic is most effective.
Erroneous accusations
False accusations of domestic abuse are occasionally made by those who want to harm or punish their partner. This frequently happens in child custody disputes when one parent wants to deny the “abusive” parent custody or visitation rights. An attorney can assist by thoroughly going over the statements of the alleged victim, comparing them to police reports, eyewitness testimony, or medical records, and looking for discrepancies.
Self-Defense
Your lawyer might be able to demonstrate that you behaved in self-defense if you did not start the violence but instead reacted to defend yourself or your children. You must demonstrate that you had a legitimate fear of serious and immediate harm and that the severity of your response matched the threat the other person posed.
Consent
Although this defense tactic is uncommon, it can occasionally work. In essence, your lawyer will make the argument that you genuinely had the alleged victim’s agreement to commit whatever violent acts are at issue in the case.
Lack of evidence
The burden of proof in any criminal proceeding rests with the prosecution. They have to demonstrate your guilt beyond a shadow of a doubt. Your domestic violence defense lawyer will frequently have numerous chances to refute the prosecution’s case and raise questions about your culpability. Additionally, your lawyer will make sure that no unjustifiably obtained evidence is utilized against you.
If you are facing these or other charges, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
