January 21, 2021

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Unlike DUI arrrest, domestic violence defenses are messy and involves multiple angles. 

There are Domestic Violence Defenses availble for your Case

This makes it difficult for a prosectuor to prove their case. It is common for a domestic violence defendant to want to raise a defense. There are a lot of domestic violence defenses that can be raised by the accused to show that he or she is not guilty of a domestic violence charge.  You will also want to read 4 tips you must know and how a A Domestic Violence Attorney Can Defend You Against Allegations of Domestic Violence

A police report is almost always inaccurate and does not reflect the events that actually happened in a domestic violence case. It’s like a traffic stop and going to trial. You will see new information that you made admissions when you have not. 

This is not to say that they police officer was lying and created a false police report or did some kindof police misconduct. However, police departments have many cases and a domestic violence call is another call they would rather not deal with. Often times a police officer will not pay more attnetion to one side of teh story and adopt one version of event over another. 

One of the Most Common Domestic Violence Defenses is the Victim Was Lying

This is not to discount any domestic violence allegations, however this deffense must be explored. The presumption of innocence damands it and any attorney worht his weight needs to explore this option. An exceptional domestic violence attorney will look at the statetement and also look for the way it is asked by the officer.

Evidence can be misleding in domestic violence statemetns because the alleged victim can be lead with questioning.  In other words it is not the vcitim that is tell the story, it is the officer telling the story and the victim confirming. This often leads to flase convictions. 

In a Domestic Vioelnce report it may read. Defendant hit wife but on the recording it will show the officer leading the conversation and the victim not saying anything in response or just going along.

Pictures do not always relect what is on the police report.

A solid defense strategy to avoid a conviction is to check for false allegations.  This will involve examining the bodily injury to see if it was the result of being hit, scuffle, or self inflicted.  The phyical injury is important because it shows the circumstances of the events and has the potentilal to weaken the victims claim.  For exmaple, the absence of injuries or marks on the back can show there theey were defensive injuries . 

The most overlooked Domestic Violence Defenses – Innocence (I Didn’t Do It)

Its easy to get caught up in a mess. Oftentimes, the initial aggressor is also the victim. This leads to inconsistent stories told by the victim or inconsistent witness statements if any. I mention if any because often times there are no witnesses to corobarate the stories of the victim.

This can be good or bad depending on what the accused said. This can lead to a he said/she said scenario which results in a insufficient evidence and a strong defense. This type of scenario is often accomapnied with the absence of injuries and often results in a case being rejected or not filed by the Orange County District Office after arrest. When this happens it is important to check the mailbox to check if there is any filing by the courts. 

Second Most Overlooked Domestic Violence Defenses – Accidental Injury: When Neighbors Misunderstand What They Hear

There are several version of events when it comes to domestic violence arrests. There are the accused, the victimes and more often then not there are the versions taht comes from teh neighbors. The neighbors version will go along the lines of ” I heard someone get hit”  ” They are fighting again” when the couple can be arguing about an adulterous event. 

If there are no bodily injury and the accused does not admit to striking the victim and excercises his rights then there are large hols in the case. This type of case may have charges filed which is just an accusation. However,  with no bodily injury, and because of the lack of evidence a plea deal can be reached resulting in a sucessful outcome

Domestic Violence Self-Defense: When Police Charge the Wrong Partner

Many convictions results from arrest where the husband does not want the wife to be arressted. This type of scenario involves mutual combat and it is often murky as to who started it first and who did the bulk of the hitting.

It’s ironic that in these scenarios, the person who gets arrested are the domestic abuse victims.  Their pictures show defensive injuries, but they are the ones who have to spend time in jail when the alleged victim was the one who stared and is the primary agressor. This happens with husbnds who stay quiet when they are hit by their wives which reuslts in a police call. The officer’s mindset is more about who to take in that night because they can not leave the two alone. The husband will not want the wife to go to jal so he volunteers himself.