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Exploring Legal Defenses in Domestic Violence Cases

Domestic violence cases are serious legal matters that can lead to significant consequences, including jail time, fines, restraining orders, social stigma, and a permanent criminal record. If you’ve been accused of domestic violence, it’s essential to understand that you still have rights, and there are various legal defenses available that can be used to protect you in court.

First thing though, you need the help of an expert domestic violence defense attorney. Call Combs Waterkotte immediately at (314) 900-HELP to schedule a free, confidential consultation where you can discuss the specifics of your case. Our legal team has over 40 years experience and has successfully handled more than 10,000 cases just like yours.

It’s important to remember that in criminal cases, the burden of proof lies with the prosecution. This means that they must prove your guilt beyond a reasonable doubt. The skilled and aggressive domestic violence defense lawyers at Combs Waterkotte will do everything in their power to get your charges dismissed or reduced. The following are seven of the most common legal defenses in domestic violence cases and how they work.

  • Self-Defense

Self-defense is one of the most frequently used defenses in domestic violence cases. If you can show that you acted in self-defense, you might be able to avoid a conviction. To successfully argue self-defense, your Combs Waterkotte defense attorney needs to demonstrate:

  • Imminent Danger: You believed you were in immediate danger of harm from the other person.
  • Proportional Response: Your response was proportional to the threat you faced. This means that the force you used to defend yourself was not excessive given the circumstances.
  • No Escalation: You did not provoke or escalate the situation.
  • False Allegations

False allegations are a common occurrence in domestic violence cases. Sometimes, one party may falsely accuse the other of domestic violence out of revenge, anger, or a desire to gain an advantage in a divorce or child custody case. In these situations, your Combs Waterkotte domestic violence lawyer’s defense will focus on proving that the allegations are unfounded, fabricated, or that the accuser is not credible.

To defend against false allegations, your attorney might:

  • Gather evidence that contradicts the accuser’s story – including text messages, emails, witness statements, and the like.
  • Highlight inconsistencies in the accuser’s testimony.
  • Show that the accuser has a motive to lie – such as to gain custody of children or to damage your reputation.
  • Accidental Injury

Another possible defense in domestic violence cases is that the alleged injury was accidental. This defense is frequently used when there was no intent to harm the other person, and the injury occurred due to an unforeseen or unintended event.

For example, if you were in a heated argument and accidentally knocked something over that injured the other person, your Combs Waterkotte domestic violence defense lawyer could argue that the harm was not intentional. However, the success of this defense often depends on the circumstances of the incident and whether there is evidence to support that the injury was truly accidental.

  • Consent

In some cases, consent may be a valid defense. This applies when the alleged victim voluntarily participated in the actions that led to the injury. Consent is most commonly used as a defense in cases involving rough physical activity or mutual combat situations where both parties agreed to engage. However, it’s important to note that consent is not a valid defense in all domestic violence cases, especially when severe injuries or coercion are involved.

  • Lack of Evidence

In many domestic violence cases, there is little physical evidence to support the accusations. This is because these incidents frequently occur behind closed doors with no witnesses, leaving the case reliant on the accuser’s testimony. If there is insufficient evidence to prove your guilt beyond a reasonable doubt, your Combs Waterkotte attorney might argue that the charges should be dismissed.

To defend against a lack of evidence, your experienced lawyer might:

  • Challenge the credibility of the accuser’s statements.
  • Question whether the injuries were consistent with domestic violence.
  • Argue that the prosecution has failed to meet its burden of proof.
  • Violation of Your Constitutional Rights

In some cases, the defense might focus on procedural issues or violations of your constitutional rights during the arrest or interrogation. If law enforcement officials violated your rights, it could lead to the suppression of evidence or the dismissal of charges. Common constitutional violations include:

  • Illegal Search and Seizure: If the police conducted a search without a warrant or probable cause, any evidence they collected may be deemed inadmissible in court.
  • Failure to Read Miranda Rights: If law enforcement failed to inform you of your right to remain silent or your right to an attorney, any statements you made may be excluded.
  • Coerced Confession: If the police used threats or intimidation to force a confession, your expert Combs Waterkotte attorney could argue that the confession should not be considered.
  • Intoxication or Mental Incapacity

In some scenarios, your defense attorney might argue that you were intoxicated or suffering from a mental disorder at the time of the alleged incident, which impaired your ability to form the intent necessary for a domestic violence charge. While this defense doesn’t excuse the behavior, it may help reduce the charges or penalties. For example, if you were intoxicated and acted without intent to harm, your lawyer might argue that the charges should be reduced to a lesser offense, like disorderly conduct or public intoxication.

Being accused of a domestic violence charge is a serious matter, but it’s important to remember that there are legal defenses available to protect your rights and your future. It’s crucial to seek the best possible legal representation as soon as possible.

Call Combs Waterkotte now at (314) 900-HELP for a free case review.


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