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Home » Blog » 7 Defenses to Domestic Violence Charges Observed in a Court of Law
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7 Defenses to Domestic Violence Charges Observed in a Court of Law

By Legal Desire 4 Min Read
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Domestic violence cases are hard to deal with, and the fallout lasts for years. When lawyers are on the defensive side, there are a number of creative methods to win a case. Although a win is a win, there are some methods that work better than others.  

Contents
1. It Is a Lie2. Self Defense3. Medication4. I Did It5. I Didn’t Do It6. Reasonable Doubt7. Accidents HappenThere Is No Secret Weapon

1. It Is a Lie

When a sex crime attorney uses this defense, it means they are confident that the judge will see the abuse as a fabrication. Sometimes spouses lie in order to gain a bigger judgement or to gain full custody of a child. With enough evidence, this is a very valid defense. 

2. Self Defense

The self defense argument is tricky since it relies on the judge believing in the type of force applied. If someone pushes you, then hitting them in the face is not proper retaliation. There needs to be proof of descalation before self defense is claimed. Even with that proof, self defense is one of the hardest things to prove, even if you aren’t the aggressor. 

3. Medication

Heavy medication can have adverse effects on a person’s mental health. If these behavioral issues lead to an unstable environment, there is a chance for leniency. The medication defense has been used countless times to great success – not because it is an incredible strategy, but due to the very real consequences that medication has on the human brain. 

4. I Did It

Sometimes admitting to the abuse will give you more flexibility in the judgement. Everyone makes mistakes, and it will also give you credibility when disputing actual lies about the abuse. This is a big step for any case, so attorney’s will always ask permission from their client before execution. 

5. I Didn’t Do It

You don’t need a complex defense when the facts are overwhelmingly in your favor. If there is a claim of abuse on a day where you weren’t even home, then an alibi will be verified. This defense works best when there is nothing to gain (custody, property, money) from a positive judgment. 

6. Reasonable Doubt

Social media isn’t a court room, and gossip means nothing to a judge. You are innocent until proving guilty in a court of law. That means if domestic violence can’t be proven beyond a reasonable doubt, then the case is in jeopardy for the other side. If necessary, an officer’s report can shed some light on the entire case. 

7. Accidents Happen

Accidents happen every day, and can work as a valid defense when there is no previous history of abuse. This comes down to character references and presenting yourself professionally in court. An investigation will provide the needed results, and can really speed up a large part of the case. 

There Is No Secret Weapon

Having a good defense is one of the few things that can tilt a judgement in your favor. There are no guarantees when you walk into a courtroom, and no special treatment. That is why a good defense is as close as you’ll get to a slam dunk win.

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Legal Desire December 29, 2021
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