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Possible Domestic Violence Defenses

Alec Rose Law Office May 18, 2022

Man with clenched fist standing over a woman on the floorCalifornia law enforcement receives more than 450 calls a day related to domestic violence. If you are one of those accused of committing the crime, you aren’t alone.

Whether you are innocent of allegations of domestic violence, guilty, or believe the accusations are misleading or blown out of proportion, the most vital step you can take is hiring an experienced attorney to defend you against the charges. The consequences can be devastating, even without a conviction. That is why defending domestic violence charges is so crucial to your future.

At Alec Rose Law Office, I defend clients against domestic violence charges in Los Angeles, California, for more than three decades. What defenses can be raised is solely on the circumstances of the incident and allegations. However, there are some common possible defenses you may want to be aware of. I proudly serve clients in Santa Monica, Santa Barbara, Ventura, Orange County, San Diego, San Bernardino County, Rancho Cucamonga, Santa Ana, Anaheim, Simi Valley, Santa Maria, Westminster, Victorville, Fullerton, and Riverside, California.

What Possible Defenses Are Used
Against Domestic Violence Charges?

If you are facing domestic battery charges or domestic assault charges, you may already feel like you have been tried and convicted without due process. That is because law enforcement and the courts move immediately to protect the accuser from potential harm. You will eventually have your day in court, and when you do, there are defenses you can raise, including these.

  • You have been falsely accused. You could find yourself falsely accused of physical assault of another family member for several reasons. The accuser might have witnessed an incident you weren’t involved in, but they assumed it was you. The accuser’s story of the incident may not be what actually happened. Or the accuser may be lying to get you into trouble.

  • You did not intend to harm or injure. Accidents happen, and if proven, they throw an entirely different light on the accusations someone lodges against you. For example, a husband and wife are arguing in their home. The angry wife leaves the house, slamming the door behind her and the force causes the glass in the door to shatter. The angry husband follows her, steps on a shard of glass, and cuts open his foot. The wife did not harm or threaten to harm the husband and should not be charged with domestic assault or battery.

  • The injuries reported by the alleged victim were not the result of your actions. Perhaps the accuser injured themselves to get you in trouble. Or perhaps someone else assaulted the accuser who blames the injuries on your actions rather than on the person who actually caused them.

  • You acted in self-defense or in defense of another person. It is not uncommon for aggressors to be injured. If someone is trying to harm you or someone else and you defend yourself, you have not committed domestic assault.

  • The alleged victim is motivated by revenge, anger, or greed. Proof of motivation on the part of the accuser can often resolve the often he said/she said nature of domestic violence allegations. The accuser may make accusations in an attempt to win a child custody battle, get the other person removed from the home, or get revenge on them for an affair or other action they perceive as a sleight.

How Can an Attorney Help?

It is particularly challenging to represent yourself in a domestic violence defense. From the moment your accuser made the allegations, there is a perception, regardless of the actual circumstances, that you are the violent actor. That makes anything you say suspicious concerning the truth.

An experienced criminal defense attorney builds a defense by collecting evidence that proves facts, casts doubt on the allegations and illustrates mitigating circumstances that may have contributed to the incident and the accusations.

Domestic violence is a highly personal and emotional crime. As the defendant, you will struggle with your anger and emotions. You need an attorney to present compelling facts, without that level of emotion, that will help, not harm, your defense.

Don’t Risk Your Future. Call Now.

In all likelihood, you don’t know how to successfully defend yourself against a domestic violence charge. The truth alone, whatever that may be, is insufficient so long as your accuser sticks to their story.

The possible consequences of a domestic assault conviction remain with you for the duration of your life. Any jail time, fines, or anger management counseling may be the least of damages. Relationships, employment, child custody and visitation, and other opportunities may be lost to you forever.

If you live in Los Angeles, Santa Barbara, Orange County, San Diego, Rancho Cucamonga, Santa Ana, Anaheim, Santa Maria, Westminster, Victorville, Fullerton, or Riverside, California, and you have been charged with domestic violence, let me help. At Alec Rose Law Office, I have been building defenses for clients like you for years.

Let’s get started on your defense. Call Alec Rose Law Office now.