How To Defend Against A Domestic Violence Charge
Domestic violence accusations are extremely serious, and it’s easy to get caught up in the emotion of a domestic dispute. At my firm, The Law Offices of Anthony N. Palumbo, I will listen to your side of the story and help you defend your rights and your name before the court.
Defending against a domestic violence claim can be difficult, especially when evidence is lacking. There are paths forward, however, to prove your case before the court. Below are just a couple of the ways you can defend yourself against these claims.
Prove It Never Happened
It can be difficult for a judge to discern fact from fiction in a domestic violence case, especially when there were no witnesses to the event. But it’s not uncommon for a domestic violence allegation to be based entirely on lies. If you know the accuser is lying about their story, prepare evidence that conflicts with their story. By unveiling any inconsistencies in their claims, you may be able to expose the truth in their argument.
Demonstrate That It Was Not Your Fault
Even if domestic violence did occur, that does not make you guilty.
In some situations, the accuser may create self-inflicted injuries in an attempt to prove their story and frame you. In other cases, the injuries may have simply resulted from an accident that the accuser wrongfully blames you for. Or maybe you did injure the other party, but you did so out of self-defense or due to the violent actions of the other person. Similar to above, you will want to gather as much evidence as possible to show that your story is true, and to shed light on any inconsistencies in the accuser’s story.
Prove The Situation Does Not Count As Domestic Violence
Under New Jersey law, only certain crimes such as stalking, assault or harassment may result in a domestic violence conviction. If you are not being accused of a specific crime that falls under domestic violence, then you cannot be convicted.
This defense is more technical but just as important as simply proving the story wrong. An experienced criminal defense attorney can help you understand the law and make sure every possible avenue is explored for your defense.
Schedule A Consultation To Discuss Your Rights
Every household and family situation is unique, and deserves one-on-one counsel with a knowledgeable lawyer. At The Law Offices of Anthony N. Palumbo, I offer free consultations so you can discuss your case and begin discussing your options. Call 908-643-6801 or contact me online to set up an appointment.