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Domestic violence is a serious crime that unfortunately takes places in cities and towns all across America every day. When people who live under the same roof are not able to handle their disputes like adults and use their words, they sometimes turn to violence against one another. It is sad that we have to live in a world where this is the case, but we know at this point that there are people out there who are like this and who know nothing but violence when it comes to trying to handle their affairs.
Just because a person is charged with a domestic violence charge does not necessarily mean that they are guilty of those charges. That may not be the case at all as a matter of fact. It is important that everyone gets fair representation in court so that they are able to make the case and have their rights protected at the same time. We want to look at some of the defenses against this crime today.
Police are often in a tough situation when they respond to domestic violence calls. They have to try to figure out what was going on before they arrived and essentially who started it. There is a strong likelihood that neither individual is going to claim responsibility for any kind of criminal action that they may have taken, so the police have make these determinations themselves without all of the information.
In at least some cases the police may actually arrest the wrong person and simply get it wrong because they have incomplete information. They may actually arrest a person who has done nothing but used self-defense measures to protect themselves against an abuser. If that is the case, then self-defense is a perfectly reasonable defense against these types of charges.
Domestic violence calls are frequently chalk full of false information. One party in the situation wants to get the other party in trouble. To do so, they may make up false accusations to level at the other person just to make that person look bad. This is not a fair tactic to use, but that doesn’t stop people from doing so on a regular basis.
Sometimes the person who makes the false claims later regrets doing so, but once they have a statement like this to police it is hard to take it back. The person who has been arrested due to false claims made by another person can certainly raise this defense in court. They can show through evidence that things said about what they did were not accurate.
Lack Of Evidence
One of the most common elements in a domestic dispute in a lack of evidence. Police only arrive on the scene after the dispute has already been ongoing for some time. They are almost certain to be at a loss for having all of the information that they really need. It is actually quite common that a lack of evidence throws a wrench in a case and may prevent a guilty party from really being known. Simply put, there may just not be enough out there to say with certainty that any particular person ought to be responsible for the charges brought against them. This too is a reasonable defense to make.