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Defenses to a domestic violence charge

| Jan 27, 2021 | Domestic Violence |

If a person is charged with domestic violence, there are defenses available that he or she may want to consider.

Domestic violence can include actual or threatened harm, stalking, sexual assault and physical acts like pushing, hitting or kicking. The individuals involved do not have to be married. It can include violence against anyone living in the same household.

In some cases, a court may impose a restraining order against the accused. The court may even consider a prison sentence for a person found guilty of domestic violence, depending on the situation.

Domestic violence defenses

Sometimes, a person is accused of domestic violence by a spouse, partner or friend but the incident never actually occurred. This can be motivated by anger and is sometimes intended to cause the accused person harm.

It can be helpful for the person accused to document the situation, note where he or she was when the incident took place, and if possible, have witnesses who can attest that the accusation is not true.

Also, there may be a charge of domestic violence when in fact, the situation required self-defense. This may be demonstrated by defensive injuries on the accused person’s body or other evidence which suggests that the incident occurred because the person was trying to protect themselves or someone else.

A person may also be accused because they were identified as the abuser, but were identified incorrectly. This may be resolved if the accused can confirm his or her whereabouts and identity.

A domestic violence charge can negatively impact many aspects of a person’s life, such as employment and housing, as well as cause significant emotional and financial harm.

It may be helpful to consult with an experienced attorney who can help the accused defend him or herself against the charge.