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What Types of Defenses Are Common in Domestic Violence Cases?

December 30, 2020

One out of every four women and one in seven men are the recipient of domestic violence at some point in their lives, according to the CDC.

Domestic assault is a crime that the state of Ohio takes very seriously. It is more common for domestic violence cases to go to trial than many other types of cases.

If someone has accused you of domestic violence, it’s important that you are represented by a domestic assault lawyer that works to create the best possible outcome for your specific case.

Here are the most common types of defenses for domestic violence.

False Accusation

Most domestic violence charges originate from an alleged victim making an accusation against you. Even if there isn’t direct evidence that proves a violent act took place, you can be arrested based on the assessment of law enforcement.

It is sadly not that uncommon for false accusations of domestic violence to be made. If you are being accused of something you did not do, you will want to make sure you have an experienced domestic assault attorney at your side.

Self Defense

One of the common types of defenses for domestic violence is self-defense.

It is more commonly the case that females accuse their partners of domestic assault than the other way around. However, just because a male partner is often physically stronger than their female partner, that doesn’t mean they don’t have a right to defend themselves if they were attacked.

Lack of Intent

When someone is accused of domestic violence, it means that they knowingly or recklessly inflicted harm on the injured party. If the accused could not have known that their actions would have caused the outcome it did, they can argue a lack of intent.

Insufficient Evidence

If you’ve been arrested for domestic assault, this means that there is probable cause that the crime was committed. That does not mean that there is certainty beyond a reasonable doubt, which must be proven by the prosecutor at a trial to convict you of the crime.

In order to prove guilt beyond a reasonable doubt, there needs to be enough evidence. If there is insufficient evidence to proceed, the case can be dismissed.

An Experienced Attorney Can Determine Which Types of Defenses For Domestic Violence Apply to Your Case

Depending on the particular circumstance, the domestic violence charges and defenses present in can vary widely. When you’ve been accused of committing domestic violence, an attorney can ensure that you have the most applicable and best possible defense against the charges.

If you’ve been arrested for domestic violence, it’s important that you contact a lawyer right away. At Tyack Law, our domestic violence attorneys will get to work right away to defend you against these serious and potentially life-altering charges.

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