Defenses To Domestic Violence Charges

Posted in Domestic Violence FAQ'S on March 25, 2014

There are a number of different defenses to a domestic violence allegation. For instance, false allegations are very common in domestic situations where hot tempers intersect with intense emotions. False allegations can come out of anger, or jealousy, or can be used to gain an advantage in a pending divorce or custody battle. Sometimes they can be used as a method of exerting control over the other person.

Sometimes, what was a genuine accident can be misinterpreted by the police to have been domestic violence. Other times, the person arrested and charged was acting out of self defense during a mutual struggle, or was protecting themselves from an attack from another person.

What ultimately matters is how well this information is presented to the prosecutor and Judge, and, if the case goes to trial, to the jury.

I was arrested for domestic violence. Can you get the prosecutor to drop the case before it goes to court?

There are some situations where this is possible, but it requires swift action and a well respected defense attorney who knows the local prosecutors well.

Frequently, police officers make arrests in domestic violence situations without doing a full investigation. Things are overlooked, witnesses aren’t interviewed, and background information isn’t sought.

In the right circumstances and with the right investigation, through immediate action I’ve been able to convince prosecutors to not file charges in both misdemeanor and felony domestic violence arrest cases.

Each case is different, but acting quickly can sometimes mean the difference.

If you have questions regarding your charge contact Riverside domestic violence Attorney Graham Donath at 951-667-5293. Let him answer your questions.