In California, allegations of domestic violence are taken extremely seriously. If you are charged with domestic violence, knowing the potential defenses for your case is important. Having a strong defense is essential to protect your freedom and reputation.
Every situation is different, so you have to consider the unique facets of your case, but some viable defense strategies are found here.
Lack of proof
Your strongest defense is often being able to find weaknesses in arguments made on the other side. The prosecution will not secure a conviction if they can’t meet the burden of proof.
In some situations, defendants claim they acted to protect themselves (in self-defense) or their children. This defense strategy may work if the defendant perceived a threat, was not the aggressor or had a proportional response.
Some people make false allegations of abuse against their parents out of spite or to get revenge. This is common in divorce and child custody cases. To prevent a conviction caused by false allegations, it’s necessary to find inconsistencies in the story told by the accuser by comparing it to witness accounts and police records.
If a defendant states another person was guilty of the abuse, it’s possible to establish innocence in a few ways. This includes determining if the named defendant was close to the scene when it occurred or if they had a reliable alibi.
Protecting your rights if you are accused of or charged with domestic violence is important. Knowing viable defense strategies is an effective way to protect yourself.