Domestic violence is a serious crime that affects millions of Americans each year. It can come in the form of physical, emotional, financial, or sexual abuse taking place between two or more individuals in a domestic relationship. This can include current or former romantic partners, spouses, co-parents, parents and children, or any people living together. Unfortunately, some people abuse the legal system by making false claims of domestic violence. If you have been falsely accused, work with a Memphis domestic violence defense lawyer to ensure your rights are protected and your name is cleared.
Why Do People Make False Accusations?
Although rare, a small percentage of reported cases are unfounded. A person may make a false claim to benefit themselves in some way. Consider the following.
- Revenge: An individual may accuse someone of domestic violence as a way to retaliate against them for some sort of perceived wrong. They may feel that ruining their reputation and getting them in legal trouble is adequate revenge.
- Child custody: If two parents are enduring a custody battle, one may make a false claim against the other in an attempt to secure custody of the child by showing a court the other parent’s violent nature.
- Divorce: Someone may also make a false accusation if they are going through a divorce. A court may award the victim of domestic violence a more favorable outcome so it could be a tool in achieving what they want.
What Are the Best Defenses to Domestic Violence Charges?
The following are common and effective defenses that can be used during your domestic violence case.
- False accusation: If you are innocent then this may be the most effective defensive strategy you can use. Gather evidence to prove that you did not commit an act of violence. You could do this by establishing an alibi, providing witness testimony, or with the help of medical professionals. You may be able to prove that the injuries do not exist, were sustained through something unrelated, or were self-inflicted.
- Self-defense: If you did cause the accuser’s injuries it could have been in self-defense. If you can prove that the accuser attacked you or threatened you first and you used force due to a reasonable fear of harm, you could have your charges reduced or dismissed.
- Accidental: A conviction hinges on intent. If you did not intend to cause harm and accidentally injured the accuser it could be an effective defense.
- Defense of property or others: Similarly to self-defense, you may be able to prove that your behavior was a direct result of a fear of harm to your property or someone else, like your child or relative.
The prosecution has the burden of proof so you and your attorney simply need to provide enough information to disprove their claims and show their lack of sufficient evidence. You can utilize text conversations, witness testimony, character witnesses, and more. Consult with a Tennessee criminal defense attorney today to begin working on your case.
