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3 defenses if you are charged with domestic violence 

On Behalf of | Mar 9, 2023 | Domestic Violence

If you are accused of domestic violence, you are most definitely concerned about how this is going to impact various aspects of your life like your freedom, reputation, relationships and even career. However, as challenging as it may be, you want to focus on the present. 

Your case begins as soon as the prosecutor makes it clear that they will be pressing charges. As such, it’s important that you begin educating yourself on the possible defense options as soon as you learn about your accuser’s intentions. 

Depending on the circumstances of your case, here are three defense options that you can consider when charged with domestic violence:

1. I did not do it, so I cannot be guilty

If the domestic violence charge is false, you need to present a case that proves your innocence. To prove your case, you will need to present witnesses, police reports and physical evidence or any other relevant evidence to prove to the court that you did not commit the offense in question. An alibi can also be extremely helpful when proving your innocence. 

2. I did not do it, so my accuser is lying

People make false domestic violence claims for a variety of reasons:

Jealously and spite – if you have ended your relationship with your accuser and have since moved on with your life, your ex might accuse you of domestic violence simply to hurt your feelings.

Custody claim – domestic violence can greatly impact your custody case. If you are going through a divorce, your spouse might make false domestic violence claims to gain an upper hand in a custody battle. 

3. Yes, I did something, but it was in self-defense

New York laws allow you to defend yourself, your property or someone else against imminent danger. For instance, if your spouse threatened to stab you with a kitchen knife and you subdued and hurt them in the process, you can claim self-defense

If you are accused of domestic violence, you absolutely need to take the matter seriously. Knowing your legal options can help you safeguard your rights while defending against domestic violence claims.