Domestic violence is one of the most sensitive cases in law and order. In these cases, people think the suspect is guilty before they prove the charges in court. The person who is found guilty of domestic violence charges needs to face various difficulties in their life. He needs emotional support till the case ends. The issue also affects the family of the convicted. Domestic Violence Charges Defense is not that easy. It would be best if you had an experienced defence attorney to handle the situation and court proceedings. He will ensure that the charges will be lower or diminished. He will also ensure that the case does not affect your family.
The domestic abuse cases are sensitive so are the police report. The defence lawyer, first of all, will check the police report thoroughly. He checks whether the incident recorded in the police report matches your incident. It will be wise if you tell your lawyer everything about it.
Then your lawyer will find answers about the following related to the case.
- What was your emotional state while the incident happened?
- Was the victim emotionally stable during the incident?
- How did the incident affect you and the victim?
- How was your emotional stability while giving your statement?
- How did the incident affect the victim physically?
While preparing for Domestic violence charges defence, your attorney will also want you to know if any of you were intoxicated with alcohol or drugs. If yes, then he has to prepare for drug crimes defense.
If the case comes needs a drug crime defence, then he further investigates if you were voluntarily intoxicated or not. And suppose you were travelling and the incident happened while you were driving. In that case, the lawyer must prepare a DUI defense report. In this case, he will need strong evidence to prove that you are not entirely guilty.
After studying your subject, the lawyer will prepare a list of good defence statements. He may use some of the following reasons:
You Were Not Present Near The Victim.
It is one of the common defences your lawyer could make for you. Any other person at the site may have done this with the victim. Your defence lawyer will ensure that he will bring proper proof to prove that you were not present at the site or you were not there near the victim.
The Opposite Party Is Lying.
Sometimes victims lie in their statements to play the victim card. Your defence lawyer will have to create a strong argument against it. He will have to prove that the opposite party is lying and that he will have to represent the facts about the incident. He will also match the two versions of the story. One is your version, and the other is the opposite party’s version.
The Injury Was Just An Accident.
This statement means you do not say that the damage is false or not done by you. It implies that injury has happened to you because of you, but it was just an accident. You did not hurt your partner or the opposite party intentionally. Suppose you said that your partner got hurt because she slipped, and you could not do anything to stop it. Your defence lawyer will visit the site and gather proof of your innocence.
The Convicted Did It In Self-Defence.
As stated above, while studying the case, the defence lawyer will ask you and the victim’s emotional state during the incident to prove that the opposite party provoked you to take this action. He will then determine why the victim used violence when the incident happened. It was just an act of self-defence, and you did not have any intention to hurt the victim when the incident started. He may also check and gather proof for marks of self-defence on the body.
Interrogation Went Wrong
Your defence lawyer may also go through the police interrogation statement. He may also question the interrogation statement. Your defence statement might be something like, the police in charge did not take the correct statement. Also, you may say that they do not record some parts of your statement in the sheet. The order also denied your request for a lawyer first.
These are some common defences used by your lawyer side. But if you want the case to result in your favour, ensure that you share very minute details of the case with your lawyer. You might not be emotionally in that state to discuss things but do it for your betterment.