The courts take domestic violence very seriously and for good reasons. According to the NCADV (the National Coalition on Domestic Violence), over one million women become victims of intimate partner assault every year. While it does not receive as much media attention, men can be victims as well. Despite these high numbers, many are wrongly accused. In these cases, a strong defense can protect the person’s reputation and freedom. For defendants facing such accusations, lawyers can use the defenses below.
Wrong Suspect
If a person claims that someone else committed the abusive act, there are multiple ways for a criminal lawyer in Grand Forks ND to establish the accused person’s innocence. These can include presenting proof of whether the person was at the scene or has a solid alibi.
Intentional False Accusations
Some people make false accusations of domestic violence out of spite. This tactic is common in divorce and child custody cases. To prevent a conviction arising from false accusations, defense lawyers search for inaccuracies in the plaintiff’s story by comparing it to witness testimony and police records.
Acting in Self-Defense
In many cases of domestic violence, defendants claim they acted to protect the children or in self-defense. A self-defense claim can work if a defendant reasonably perceived an immediate threat, responded proportionally, and was not the aggressor.
The Plaintiff’s Consent
It is quite rare, but it does occur. If an individual voluntarily gives consent to the performance of a particular act, the consent can serve as a legitimate defense against charges of domestic violence.
Insufficient Proof
A defendant’s best defense is usually the legal strategy of casting doubt on the other side’s case. A domestic violence defendant cannot be convicted if the prosecutor fails to meet the burden of proof.
While the U.S. legal system has its flaws, it is among the best in the world. The system strives to protect victims of domestic violence as well as those facing wrongful accusations. To learn about the legal defenses available to domestic violence defendants, a person should Visit Kraus-Parr Law PLLC to speak to a criminal lawyer in Grand Forks ND as soon as possible.
