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Are there valid defenses to domestic violence?

On Behalf of | Mar 11, 2021 | Uncategorized |

Domestic violence charges in New Jersey, like other criminal charges, require proof of guilt beyond a reasonable doubt. An attorney could assist a defendant with mounting a defense to serious domestic abuse allegations. Sadly, some cases involve outright false allegations. Bringing the truth to light could be one way to present a defense.

Dealing with false charges of domestic violence

Blaming a spouse or partner for a physical assault committed by someone else might lead to an arrest. A defense attorney’s investigation, however, could instill serious doubts. Proving the accused was somewhere else at the time of the assault and presenting eyewitness testimony about who indeed caused the attack might lead to charges getting dismissed.

Some instances of false allegations might be more challenging to address. If the two parties were inside an apartment together and with no witnesses present, an attorney could still draw attention to exculpatory evidence. Pointing out inconsistencies in the alleged victim’s claims might be one way. Someone who falsifies a story may not be able to keep his or her version of events straight.

Injuries could also be self-inflicted ones. Expert testimony may point out how the “victim” must have made the wounds. Other evidence might point to self-inflicted harm. The tissue under the accuser’s fingernails may turn out to be his or her own, showing scratches to be self-harm.

Other defenses to domestic violence allegations

Self-defense could be a workable defense when dealing with accusations. If attacked by someone wielding a knife, using physical force to neutralize the assault may leave the attacker with injuries. Regardless, proof of self-defense might overcome claims of abuse. Excessive force, however, may not support a self-defense claim. Using excessive and unnecessary force may result in criminal charges.

In some instances, there may be outright insufficient evidence. Waiting several months before filing charges might be within the statute of limitations, but if wounds heal and evidence becomes lost, then prosecuting the case may be difficult.

Accusations and arrests related to domestic violence charges do not automatically result in a conviction. A defendant could discuss an appropriate defense strategy with a criminal law attorney.