How Can I Fight a Domestic Violence Charge?

According to statistics, every year there are 2 million injuries and 1,300 deaths that are the result of domestic violence. Many more cases are filed, but not all domestic violence claims are true.

If you’ve been arrested based on false accusations of domestic violence, what can you do? Contacting a great domestic violence attorney is the most important first step to help establish a solid defense.

Why Would Someone Lie About Domestic Violence?

During contentious divorce proceedings, it is not uncommon for women to make false claims of domestic violence to bolster the assets to which she might be entitled, or to be awarded full custody of any children. Domestic violence charges can also be filed to seek revenge over a split with a significant other.

Domestic violence is also often used as a defense in criminal cases, such as Jody Arias’s claims of self-defense in the shower murder of her ex-boyfriend Travis Alexander.

How Can You Defend Yourself?

When facing charges of domestic violence, an experienced domestic violence attorney will evaluate the police report as a way to determine what information supports or does not support claims of innocence.

In formulating a defense, your attorney will take into consideration 911 recordings, witness statements, the victim’s injuries, your emotional state at the time of the incident as well as during police interviews, the emotional state of the victim, any evidence to support or challenge a claim of violence such as signs of a struggle, previously reported incidents of domestic violence, and intoxication on the part of either you or the victim or both.

After evaluating evidence, your attorney will determine a course of action to defend against domestic violence charges, including:

• Another person was responsible for the abuse. This will require an alibi as well as other supporting evidence.
• The domestic violence charge is a lie. A spouse or partner could be using the court as a way to punish you. A domestic violence attorney will assess evidence including injuries and evidence to determine if they support claims of innocence.
• It was accidental. You may not deny that you caused an injury to a spouse or domestic partner, but you do claim that the injury was unintentional. Your domestic violence attorney will explore available evidence to determine if it supports your claim.
• Self-defense. If you claim self-defense, your attorney will look for evidence in the police report and determine why the victim might have used violence against you.
• Lack of evidence. Your attorney will investigate the prosecution’s case to determine whether their case is built on allegations or whether there is physical evidence that could implicate you in the assault of your partner.
• My partner triggered violence. Claiming that your partner’s behavior led to domestic violence is not an ideal claim but your domestic violence attorney will determine whether your partner has a temper that could lead to violence.
• Legal errors destroyed the prosecution’s case. Failure to read Miranda Rights, denial of a request for a lawyer, or failure to adequately gather evidence could erase a prosecutor’s case.

Are You in Search of a Domestic Violence Attorney?

Contact the law office of Rowena Nelson, LLC. She and her team of skilled attorneys can help set up the best defense for domestic violence charges and can be reached via email at [email protected] or by calling (301)-358-3271 for a consultation.

Located in Upper Marlboro, Maryland, Rowena N. Nelson’s offices serve the entire state of Maryland.