Around 10% of all the domestic violence charges in the US are either fake or overly exaggerated. So, if you also find yourself in a situation where your intimate partner is falsely accusing you of abuse, you can seek help from legal experts like the Law Offices of Anthony Carbone, P.C.
Domestic violence charges can be very challenging, and proving your innocence may require your attorney to be well-versed in defense cases. Therefore, it is essential to ensure that the lawyer you hire has good credentials and substantial experience in defense.
Understanding how a domestic violence defense attorney can help the defendant
Domestic violence poses a significant challenge to society. While many individuals in the US are impacted by this issue every year, some also resort to it to unjustly exploit their partners. Here’s how a domestic violence defense attorney can help you in such a situation:
- Your lawyer can argue that the accusations are false by proving that no substantial evidence supports the allegations.
- Your lawyer can help you establish that the injury the victim sustained resulted from your self-defense act.
- Sometimes, the victims may resort to using unintentional injuries as proof of domestic violence. Your lawyer can defend you by proving that there was no intent of harm.
- Your lawyer can help you identify an alibi who can help you prove that you were not involved in the domestic abuse against the victim.
- Your lawyer can help you identify character witnesses who could vouch and testify about your good character in court.
- In case of a sexual abuse allegation, your lawyer can also help you establish in court that any sexual contact you had with the victim was consensual.
- Your lawyer can also argue for police misconduct and exclude evidence to establish that you were a victim of improper procedures.
Who can be charged with domestic violence?
Individuals are charged with domestic violence if they assault, physically harm, or sexually assault someone who they are related to in one of the following ways:
- Family members, like spouse, former spouse, mother or father of your child, foster parent or children.
- Household members who are not related to the individual but live with them, like a romantic partner, partner’s family members, unrelated dependant, roommate, etc.
- A relationship partner like a boyfriend, girlfriend, ex-husband, ex-wife, etc.
Things you might not know about a domestic violence case
Individuals facing charges of domestic violence might not know the following:
- A protective order can be challenged within 14 days of getting notified.
- While the accuser might admit to making a false claim of assault, only the complaint-filing prosecutor or the district attorney can drop the charges.
- Convicts may have to face one year in jail and a fine of up to $4,000, which can be further raised in case the convict has a prior history of conviction in domestic violence.
