How to Defend Against Domestic Violence Charges

Prosecutions involving domestic violence charges are getting more and more common. In some cases, police are forced to arrest and charge a suspect on abuse charges in order to respond to a disturbance call. The legal definition of domestic violence has also grown to include non-physical forms of abuse, such as emotional or psychological abuse. For that reason, it's important to craft a tight, compelling case to defend against domestic violence charges.

Instructions

1. Hire an attorney to help defend against domestic violence charges. While the US justice system will supply you with an attorney for free, chances are that you'll obtain a more aggressive legal defense by hiring an attorney on your own. There are lawyers with specialized backgrounds and experience to help you defend against any charges.

2. Post bail as soon as possible and take steps to mend fences with aggrieved parties. In so much as the law will allow, communicate your regret and shame to an abused spouse or family members who might hold some influence over her. It's not uncommon for a battered woman to backtrack on abuse charges when she sees how a trial will have irrevocable effects on the family.

3. Portray the domestic abuse as an isolated outburst and not a pattern of destructive behavior. Most people have lost their tempers during the heat of the moment, and they'll be able to empathize with you.

4. Disclose any alcohol or drug use that could have led to your abusive behavior. Make an earnest attempt to seek help for substance abuse problems, and use that effort as an example of your willingness to change.

5. Question the character of your accuser. This tactic is used to refute testimony of prosecution witnesses in all kinds of cases. Make a witness contradict earlier statements or imply that her account might be skewed or biased.

6. Minimize her suffering as much as ethically possible. Physical abuse cases can be easy to prove through photos or videos of wounds, but juries may be less inclined to side with the victim in cases of psychological or emotional abuse. Juries have also shown some reluctance in considering cases of sexual abuse between a husband and wife, as sex has been seen traditionally as a husband's right (even though it is not).

7. Partner with a support group like Respecting Accuracy in Domestic Abuse Reporting (RADAR) to determine if the domestic abuse case you're facing is just and appropriate (see Resources below).

Tips & Warnings

• If the evidence is strong and a conviction is likely, there are steps your attorney can make to minimize the punishment. This may involve making a guilty plea and agreeing to probation, counseling or even a short jail sentence.

• If you're convicted on domestic abuse charges, you won't be able to purchase a firearm. The ATF doesn't offer exemptions for hunters or sportsmen.

Resources

• Domestic abuse defense from RADAR