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Yes, you can defend against domestic abuse allegations

It is never easy to face allegations of domestic abuse. These days, a single allegation can cost a person his or her career before a full investigation determines the validity of the claims. Now, more than ever, it is vital to fight domestic abuse allegations promptly and effectively as soon as they arise.

Although it may feel as though there is nothing to do in the face of domestic violence allegations, you may have a number of defenses available, depending on the nature of your alleged offense. Carefully consider all these options as you work to build strong legal protections for you rights and you future.

Misidentification and false allegations

There is always the chance that your accuser either confused you with someone else or is simply lying about the encounter between the two of you. If you believe that you have strong grounds to argue one of these defenses, you should gather any evidence you can to support your position.

If your accuser misidentified you, do you have an alibi that places you elsewhere at the time of the alleged offense? Likewise, if your accuser manufactured the claims of violence, can you point to inconsistencies in his or her story? While these may seem like very basic elements to any defense, they are very important to establish as soon as possible.

Self defense or defense of others

Those who are not particularly familiar with the way that the law operates may think that they can simply plead self-defense and make domestic violence allegations disappear. However, self-defense only applies in very specific circumstances.

In order to use self-defense or defense of others to combat your charges, at the time of the interaction that resulted in the charges, you must

  • Perceive an imminent threat to your own safety or the safety of some other party
  • Respond proportionally to the danger present
  • Avoid acting as the initial aggressor in the conflict

If your altercation meets these standards, then you may have a strong claim of self defense.

Consensual behavior

In some cases, a consensual interaction between two or more people may occur because all parties involved consented at the time, but one or more parties may later attempt to withdraw consent and press charges. If you engaged in a consensual act involving some degree of violence, the other party's consent may justify your actions.

However you choose to build your defense, do not waste time before doing so. The sooner you begin assembling a strategically-sound defense, the better your chances for you to keep your rights and privileges secure.

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When your rights and your future are at stake, it doesn’t pay to wait and see what will happen. Get in touch with our New York law firm today by calling 212-256-9729 or by sending us an email. We offer free initial consultations, so you can get the information you need before moving forward.

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