Both the victim of the abuse and the person accused deserve an equal opportunity of protection within the court system. Each case of domestic violence is unique and has a set of individual circumstances that need to be investigated and substantiated before a proper defense can be constructed. That is why it can be of paramount importance to seek a reputable defensive counsel in any matter involving a domestic violence court decision.
Investigation and Substantiation of Facts
It must be verified that the defensive actually committed the acts and is not being wrongfully accused. During a custodial determination, false accusations may be used between litigants to gain an unfair advantage retaining towards full custodial privileges for one of the parties. Animosity in divorce proceedings can escalate to the point of fabricating unsubstantiated claims of domestic violence in the marriage. Investigation of police reports, interviewing neighbors and family members, and fact checking are a few of the aspects handled by a defense attorney that can lead to a solid legal defense.
Using the Self-Defense Argument
Criminal defense lawyers may also choose to defend on the basis of self-defense. If the accused was not the initial aggressor, and the violent actions were in response to the actions of another, there may be grounds for a life-threatening defense. If the party perceives imminent danger to himself / herself or another at the time the violent violence occurred, self-defense might become the primary defense. Protection of children from harm is also a justification for the use of force to restrain a person and may not be delegated an act of domestic violence by the court.
Lack of Proof
In any argument, the "burden of proof" becomes more difficult when an expert defense attorney finds weaknesses or actual lies within the accuser's testimony. Domestic violence is a serious offense, but unless there is valid evidence to prove that this crime actually occurred, a defensive can not be convicted. Lack of proof may be the best strategy.
Whether involved in an emotionally charged custody battle or justifying the use of violence to protect yourself or your children from an abusive spouse, the best defense is an attorney who has defended others successfully. The criminal justice system is not easily understood without the assistance of an educated professional. Even before you are charged with a crime, a lawyer can explain your rights and the options you have as a defender. Once charged, hiring an attorney may mean the difference between a jail sentence, losing visitation privileges, or a cancellation of all charges.