The rate of false accusations of domestic abuse is relatively low, but if you are the one being falsely accused those statistics can actually be damaging.
In all domestic abuse cases, it is critical to look at all evidence, hear all testimony, and be certain that while the allegation is taken seriously, the accused person also receives a fair trial.
If you have been falsely accused of domestic abuse the next steps you take and your strategy for defense could change your whole life.
Read below for 7 defenses that are used in false domestic abuse cases.
Domestic Abuse Cases
In the United States, there are over 10 million victims of domestic violence each year. There are also hundreds of thousands of people falsely accused of domestic abuse.
If you have been wrongfully accused, do not panic. Read these informative instructions about false domestic abuse charges.
Every person deserves the right to a fair defense. We have gathered here the top 7 defenses used in false domestic abuse cases to give you an idea of how other innocent individuals have successfully fought domestic abuse charges.
1. You Were Not Responsible for the Abuse
This defense is used if you did not commit any acts of domestic abuse. If you are at all confused about what defines domestic violence, research what the law considers domestic abuse.
If you have any evidence that the domestic abuse was caused by someone else you and your legal representation will likely use that as your defense.
To establish this as a credible defense you should consider the following.
• Do you have an alibi? Can you prove that you were not at the location at the time of the crime?
• Were you with someone else at the time of the crime that could testify that they were with you?
A lawyer will ask you questions like these ones to establish your defense. He or she may also research any potentially incriminating evidence that the accuser could use against you.
When speaking with your legal representation it is important that you are honest. Answer each question to the best of your ability and recollection even if you think it doesn’t make you look good.
2. Self-Defense or Defending Others
If at the time of the incident you were defending yourself or someone else, like a child or someone else living in the house, this is a strong defense in court.
In this instance, your lawyer will try to uncover the accuser’s history of violence and look for any evidence that they had previously started a conflict.
Using this defense will require more questioning and research on behalf of your lawyer. They will have to try to find inconsistencies in your story, compare the story you told them with what you told the police, and generally ask questions to see if this defense is appropriate for the situation.
3. The Accuser Is Lying
This defense is simple. The person who is falsely accusing you of domestic abuse is lying.
Unfortunately, there are cases in which a spouse or domestic partner wants revenge and will accuse his or her partner of domestic abuse.
In this case, the defense would depend on being able to show that there is no evidence of abuse or that the accuser has a reason to lie about the abuse.
4. It Was an Accident
It is possible that the injury to the accuser was an accident in which case the defendant is not guilty of domestic abuse.
This defense can be more challenging to prove, however, if an accident occurred and you have evidence of that accident the defense is stronger.
5. The Prosecution Has Not Proven the Case Beyond Reasonable Doubt
In court, the prosecution (the side accusing another individual of a crime) has the responsibility to prove beyond a reasonable doubt that the domestic abuse occurred.
Essentially, they have to convince a judge or jury that the domestic abuse definitely happened. So, if there are holes in the accuser’s story or evidence that causes a judge or jury to be even a little bit unsure, that is a strong defense strategy.
Unlike the defenses above, showing that the prosecution has not met their burden of proof is typically easier to do.
You do not have show that your story is absolutely accurate. Instead, you have to show that the accuser’s story is not believable enough to decide in his or her favor.
If you have questions about this defense, consult with your legal representation.
6. The Police Made a Technical Mistake
In cases of false domestic abuse charges the accused party and their legal representation will use the best defense that they believe will help them win their case.
Sometimes, the best defense is to show that evidence or some other routine aspect of interrogation or other police work was not done by the book.
To use this defense you would need to show that a police officer did not read you your rights or did not have cause to search your home or interrogate you.
If the police did not follow the rules, you may avoid any charges against you.
7. The Abuse Occurred as a Result of Partner’s Actions
If you did commit domestic abuse but it was because of the victim’s behavior, actions, or aggressive demeanor, you have a defense.
This is an unfortunate scenario, but it does happen. If the victim has a violent temper, has a history of abusing children in the home, or has mental health issues, the abuse could be considered an excusable result of the partner’s actions.
The Bottom Line
Every person deserves a fair trial, especially in domestic abuse cases. Being accused of domestic abuse is very serious and could impact your ability to work or have custody of your children. These accusations are not to be taken lightly.
If you have been falsely accused of domestic abuse, contact a lawyer right away and be honest about every detail you can remember.
Act now and focus on the best defense strategy possible for your situation.
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