Defenses for Domestic Violence Charges

Allegations of domestic violence are typically handled at the state level. This means the law of the state where the alleged incident occurred usually applies. This is important because the domestic violence laws of each state can differ in consequential ways.

Some federal laws may also apply, depending on the circumstances. For example, the federal Gun Control Act may be relevant if a firearm was used.

State law also plays an important role in determining whether someone is facing a felony or misdemeanor charge for domestic violence.

Similarly, the legal defenses available to counter domestic violence convictions and penalties can vary from state to state.

However, the principles behind the various domestic violence defenses are consistent.

What Is Domestic Violence or Abuse?

The definitions may vary slightly between states. Still, the state laws generally regard domestic violence or domestic abuse as involving one or more of the following:

• Physical/emotional abuse
• Sexual assault
• Assault/battery
• Threats of violence
• Child abuse/endangerment
• Child endangerment

These acts of domestic violence or abuse occur between people in a domestic or intimate relationship.

Alleged Victims of Domestic Violence/Abuse

State criminal laws specify who can be an alleged victim of domestic violence. They generally include:

• Spouses or former spouses
• Intimate/dating partners or former partners
• Family members, including children
• Cohabitants/household members

The genders of the alleged victim and aggressor don’t matter. The parties can be in a heterosexual, homosexual, or any other LGBTQ+ relationship.

Consequences of Conviction

Allegations of domestic violence are quite serious. The accused will likely face felony or misdemeanor charges. If convicted, the consequences can be devastating.

A conviction can affect things like child custody arrangements, gun rights, and immigration status. Courts also often issue no-contact orders or restraining orders in domestic violence cases.

A felony conviction can even prevent you from securing employment or housing. As a result, it’s critical to understand the potential defenses available to you.

Legal Defenses

The criminal law of the state where the incident allegedly occurred generally determines the defenses available to you. The specific facts in your case also play a significant role in identifying the most effective defense strategy. Federal laws may also be relevant.

Solid familiarity with the laws that apply to your specific situation is essential to a strong defense. If a domestic violence defendant successfully asserts a legal defense, there may be no conviction at all.

Below, we discuss some of the more common defenses to domestic violence charges.

Self-Defense

Domestic violence defendants often claim self-defense. This defense comes into play if the accused was protecting themselves from physical harm.

To use self-defense, the accused must show that they:

• Reasonably believed they were in danger of harm
• Used a reasonable and proportionate amount of force
• Didn't initiate the violence

If someone else was the aggressor, and you fought back to stop the attack, this may provide a strong defense for your case.

Defense of Others

The defense of others is similar to self-defense. But here, you’re protecting another person from physical harm.

For example, you intervene to stop your spouse from injuring a neighbor.

This defense requires that the accused:

• Reasonably believed the other person was in danger of harm
• Used a reasonable and proportionate amount of force
• Didn’t initiate the violence

If this reflects the facts in your case, an experienced criminal defense lawyer will likely recommend this defense.

False Accusations

Sometimes, an alleged victim wrongly accuses someone of domestic violence. False allegations can occur for different reasons. We commonly see false accusations of domestic violence resulting from:

• Misunderstandings
• Revenge
• Custody battles
• Mental health issues

In these cases, the criminal defense attorney tries to prove the accuser isn’t telling the truth.

This might involve showing evidence that contradicts the accuser's story, such as text messages. It also often involves witnesses who can back up the accused person's version of events.

A strong defense attorney will know how to collect and present evidence to support your case. They should also be skilled in interviewing witnesses.

Lack of Evidence

For a domestic violence charge to stick, the prosecution must provide enough evidence to prove guilt beyond a reasonable doubt. This is an extremely high bar.

The lack of evidence defense may be an option if the prosecutor fails to present adequate:

• Witnesses
• Physical evidence
• Alignment between the evidence and the alleged victim’s story

If this is the case, your attorney can argue that the court should dismiss the charges.

Violation of Rights

Sometimes, law enforcement officers or prosecutors make mistakes that violate the defendant's rights. For example:

• No Miranda warning
• Warrantless search
• Denial of the right to counsel

When this is the case, your lawyer can ask the court to throw out evidence or even dismiss the matter.

Accident/Lack of Intent

Many domestic violence charges require proof the defendant intended to cause harm. But the incident may have actually been an accident. And the harm caused wasn't intentional.

For instance, someone slips and bumps into their partner, causing injury.

In these situations, a defense attorney could argue that the harm wasn’t intentional. This defense can be hard to prove, but it can work with the right evidence.

Mutual Combat

Sometimes, both people in a relationship may be equally responsible for a fight. This is called mutual combat.

If this reflects your situation and this defense is permitted in the state with jurisdiction over your case, it may be a good option for you. Your attorney might argue that both parties are blameworthy. And it's unfair to charge only one person with domestic violence.

Provocation

Provocation may be available in limited circumstances.

With this defense, your attorney is basically arguing that someone else’s words/actions triggered your conduct.

Which Defense Is Right for Me?

Whether these or other defenses will be effective depends heavily on the specific facts in your case. It also turns on the state where the incident occurred and applicable federal law.

All defenses typically have limitations and restrictions. These can be complex to navigate. But the good news is that you won’t generally have to pick just one defense.

Figuring out which ones to claim and how to claim them may still seem overwhelming, though. This page provides links to related articles to help you get started.

Plea Bargains

An experienced criminal defense attorney can help you understand your options. They can also negotiate a plea agreement on your behalf.

Legal defenses and plea deals can both be valuable tools for reducing charges and penalties. After all, most domestic violence cases are resolved through plea bargains.

So you’ll want to explore this with your attorney as well. Just make sure they’re licensed in the state of the alleged incident and that you feel comfortable with them.

How Do I Find an Attorney?

Finding the right attorney may be your most important task. But it doesn’t have to be difficult. Findlaw’s directory of qualified criminal defense attorneys can take the pain out of the process. Just click on the state bringing the charge. You’ll find contact information for several local lawyers with whom you can book a consultation to understand your next steps.