February 13, 2019 | Domestic Violence

On behalf of Kestenbaum Law Group posted in domestic violence on Wednesday, February 13, 2019.

 

People in California who find themselves accused of domestic violence may have several avenues of defense. In some cases, there simply may not be enough evidence available to successfully prosecute the person.

In some alleged cases of domestic violence, a person might have been acting in self-defense or in defense of their children. People in this situation may need to demonstrate that they did not start the altercation, that their response was proportionate and that they had a reasonable perception of being threatened. A rare but not impossible defense for domestic violence is that the person actually consented to the action. False allegations of domestic violence may also occur during child custody battles or acrimonious divorce cases. However, people who make these allegations may need to produce witnesses or police reports to convince a court, and those accounts could still be scrutinized and challenged.

A person might be able to defend against charges of domestic violence by demonstrating that someone else committed the violent acts. The accused person may have an alibi to demonstrate they were not even on the scene at the time, or witnesses might be able to provide accounts that help the defense.

In addition to the legal ramifications, a conviction for domestic violence may affect a person’s ability to spend time with their children and could affect some career paths. People who are taken into custody on charges related to domestic violence may want to discuss their options with an attorney. The strategy for dealing with these kinds of charges may vary depending on a person’s particular situation. For example, whether the person has prior convictions for domestic violence could affect how an attorney approaches the defense. One option might be a plea bargain. This may allow a person to plead guilty to reduced charges and receive a lighter sentence.

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