Law Office of Luke Scardigno - Queens Criminal Defense Attorney

These 3 defenses can help with a domestic violence case

If you're accused of abusing your partner, wife, husband or other person you're in a relationship with, you could face charges for domestic violence. While many of these charges are not fair, the police have no choice but to carry out their duties and separate the parties. In most cases, that means that at least one person will be arrested when a call is made.

If you are arrested for alleged domestic abuse, you may think that there's nothing you can say or do to change the outcome of this case, even if the allegations are false. Fortunately, that's not true. There are a number of defenses that can work in your favor.

Self-defense can be a good defense in court

Take, for example, a man who is aggressively pursuing his partner in the home. If he picks up a knife and is acting threatening or slashing at the area around his spouse, the court could certainly understand his spouse shooting him or hitting him to get away. Fearing for your life is always going to be a good defense against allegations of domestic abuse, even if you're accused of harming the other person for "no reason."

You can take steps to prove the allegations are false, too

Another good defense to consider is proving that these are false allegations. For instance, if your spouse sent you messages threatening to call the police, to manipulate you in some way, showing that evidence could help get your case dismissed. It would also open up the possibility of charging the other person with abuse or other charges.

A lack of proof matters in domestic violence cases

Another good defense in domestic violence cases is proving that there is no evidence. Someone who claims they've been badly hurt or attacked should have some physical signs on their body, such as bruising, lacerations or other injuries. If they accuse you of hurting them but have no sign of injury, this could be a case of a false allegation. Without proof, it would be difficult to charge anyone accused of a crime.

These are just three of many different defenses that may work for your case. Your attorney will listen to your situation and learn more about the charges you face and the allegations that have been made, so they can help you fight back against unfair charges and any unfair treatment you may face.

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