How to defend against a false domestic violence charge

by | Aug 27, 2018 | Violent Crimes

Domestic violence is an age-old problem that humanity has dealt with, and tried to overcome, for centuries. These days, the rules of society protect family members from becoming the victims of domestic violence by offering them swift and immediate protection from police and law enforcement whenever problem surfaces.

Just like any force of progress, however, there is a downside to strict domestic violence laws. This downside relates to the fact that any family member can cause serious problems for another family member by falsely accusing him or her of domestic violence. Fortunately, those who have been falsely accused will — at the very least — have the opportunity to defend themselves.

Here are three potential defenses that could be successful in response to a false charge of domestic violence:

1) Another person committed the abuse:

The wrong person could be accused of domestic violence. When this happens, it may be necessary for the defendant to produce an alibi or witness to prove that he or she was not present at the scene of the violence when it happened. Alternatively, the defendant might produce evidence showing that someone else clearly committed the abuse.

2) Deliberate and false allegations:

It’s not uncommon for people to falsely accuse others of domestic violence out of anger or to gain the upper hand during divorce and/or child custody proceedings. If the accuser’s story is not consistent with irrefutable facts, it could cast doubt on the accuser’s allegations and lead to a verdict of not guilty.

3) Self-defense against violence:

Sometimes one family member faces domestic violence allegations, when, in fact, this family member was merely defending him- or herself against another family member who was actually committing the domestic violence.

4) The alleged victim wanted to participate in an allegedly violent act:

It could be that the victim requested or voluntarily agreed to participate in an act of wrestling or rough sexual activity. If this is the case, then any injuries that happen might not be the result of domestic violence.

5) No proof:

Accused individuals are innocent until — and only if — they are proven to be guilty beyond a reasonable doubt. When insufficient evidence exists to satisfy this burden of proof, then the accused person will remain innocent of the alleged domestic violence crimes.

Were you falsely accused of domestic violence? You may have the ability to defend yourself in court. Do not give up until you have thoroughly examined all available domestic violence defense options.