How do you fight a domestic violence charge?
There are several things your attorney can do to help you fight your domestic battery charges. Here’s a closer look.
How Do You Fight a Domestic Violence Charge?
Your attorney may be able to help you fight domestic violence charges in court. Your lawyer might show the court:
- That you were defending yourself
- That what happened was an accident
- That the allegations are false
Here’s a closer look at each.
How to Fight a Domestic Violence Charge: Strategy #1. Self-Defense
It’s very common for one person to accuse another person of domestic violence when it’s really a case of self-defense. For example, one party may be the aggressor – and then when the other party defends him- or herself, the aggressor gets hurt and blames the whole situation on the victim. This can happen any time that a person is injured during a domestic battery situation.
Your lawyer may be able to show the court that you were defending yourself from further injury, or that you were defending someone else (such as a child), when you inadvertently caused the aggressive party’s injuries.
Related: Can you claim self-defense in a domestic battery case?
How to Fight a Domestic Violence Charge: Strategy #2. Accidental Injury
In many cases, injuries are completely accidental – but the alleged victim blames the other party and may even lie about how he or she sustained the injuries. For example, if one party swings to hit the other party and, as a result, falls down the stairs, those injuries are accidental. The injuries are not the accused’s fault for ducking or moving out of the way; they’re the alleged victim’s fault.
In some cases, attorneys can show the court that a person’s injuries are accidental and that the accused party is not at fault.
Related: Is it possible to win a domestic battery case?
How to Fight a Domestic Violence Charge: Strategy #3. False Allegations
While it’s very unfortunate, some people make false allegations of domestic violence against others. This can happen when the accuser wants to get the upper hand in a custody battle, when the accuser is simply vindictive, or when he or she has been drinking and is confused.
Your lawyer will try to find out if the other party has a motive to falsely accuse you of domestic violence in the course of fighting the charges on your behalf.
Related: Domestic violence allegations during divorce
Do You Need to Talk to a Lawyer About How to Fight a Domestic Violence Charge?
If you’ve been accused of domestic violence (either domestic battery or aggravated domestic battery), we may be able to help you. Call us at 847-920-4540 or fill out the form below. We’ll be happy to review your case and tell you about your options.
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