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Combating domestic violence charges takes thought

Domestic violence is something that can happen in just about every family. The issue here is that sometimes, people are accused of domestic abuse when they actually didn't do anything that runs afoul of the law.

From the criminal justice side of things, one of the most difficult aspects of domestic violence cases is that it might all come down to he-said-she-said situations. Defense strategies must be planned carefully because of this fact.

Possible defense strategies

You have to base your strategy on the facts of the case. There are many different possibilities for you to review. While there are many different strategies that you can use, there are four that you might consider first.

  • Accusations that are deliberately inaccurate. This means that the alleged victim makes false statements just to have you arrested and put into the criminal justice system.
  • Not the correct suspect. This might be due to the victim falsely identifying you, but is usually proved by showing you were somewhere other than the scene of the alleged crime.
  • Defending yourself. In this case, you might have been trying to protect yourself or your children from harm. The perceived threat has to be imminent and not in response to your initial aggressions.
  • Victim's consent. Sometimes, people might suffer an injury by doing an activity they consented to. Showing the victim consented to the act that lead to the injury isn't a defense used often, but it might be appropriate in some cases.

Victim's impact on the case

People assume that if a victim wants to drop the charges against them, they won't have to face the court. This isn't how it works. Once charges are levied against a person, only the prosecution or the court can drop them. Cases can still proceed without the victim's cooperation as long as the evidence is present to move forward.

It is imperative that you comply with all court orders associated with the case. One of these might be that you stay away from the victims named in the case. Even if you want to reconcile with these individuals, you still need to remain compliant so that you don't face more trouble in the criminal justice system.

Your domestic violence defense strategy has to be based on showing the holes in the prosecution's case. In order to do this, you must review the claims against you and determine how you can show the jury why there is doubt.

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