Defenses to Domestic Violence Charges
For the most part, domestic violence charges stem from accusations made by an alleged victim, combined with law enforcement’s overall assessment of what took place. Many times, an individual can be arrested and charged with domestic violence without direct evidence showing that an act of domestic violence actually took place. If you have been wrongfully charged with domestic violence, a domestic violence defense attorney in Columbus can provide you with viable defense options that could lead to having the charges against you dropped.
Columbus Domestic Violence Defense Attorney
If you have been charged with committing an act of domestic violence in Columbus, Ohio, contact the Joslyn Law Firm. Brian Joslyn of the Joslyn Law Firm will listen to the details of your particular case and discuss what you need to do to protect your protect your freedom. With years of experience defending clients in your situation, Joslyn can provide you with a tactical strategy that will give you the best chance of avoiding time behind bars. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today.
Information on Defenses Domestic Violence Charges in Ohio
- Falsely Accused of Domestic Violence
- Charged with Domestic Violence for Self Defense
- Consent as a Defense
- Lack of Intent in a Domestic Violence Case
- Lack of Proof in a Domestic Violence Case
- Defense Attorney Fighting Domestic Charges in Franklin County
Falsely Accused of Domestic Violence
One of the most common defenses to domestic violence charges is that the alleged victim is deliberately lying. It is not uncommon for an individual to make false allegations out of spite or anger. False allegations can also arise from a desire to gain custody over children, or to gain a favorable outcome during divorce proceedings. In the event that you are falsely accused of domestic violence, your defense attorney can look for inconsistencies in the alleged victim’s story, as well as use your record to show that you do not have a history of domestic violence, or any other violent offense.
It Wasn’t Me
If you can establish that you did not commit the act, you have a strong defense against the charges. To be successful with this defense, you must be able to show that you were not at the scene of the incident and you have a reliable alibi. If you were at the scene, you would need to have a witness you can testify that you were not involved in the incident.
It Never Happened
There are some circumstances where someone falsely accusing another of domestic abuse because they are trying to manipulate the situation. This can occur during custody disputes or divorce proceedings. When one party is trying to gain an advantage over the other party, he or she will make wild accusations to make the other party appear to be a villain. Usually inconsistencies in the alleged victim’s story will arise and defeat such claims. An experienced attorney will know what to look for to bring those inconsistencies to light.
Consent as a Defense
If one party agreed to a particular act and things got out of control, it is possible to use consent as a defense. It may be more difficult to prove the defense, as it would involve the testimony of the two parties involved, but a skilled attorney’s investigation would discover the facts to establish this as a defense.
Charged with Domestic Violence for Self Defense
Even if you were at the scene and involved in the altercation, you may still have defenses to the charges. If you can establish that it was self-defense, you may avoid a domestic violence conviction. To establish self-defense, you must be able to show that you reasonably believed there was an imminent threat to you (or that you were protecting someone, such as your child, for example), and that your reaction was reasonable under the circumstances. You must also be able to show that you were not the initial aggressor. Self-defense involves admitting to the act of violence alleged against you. This defense is most effective when the defense is able to prove that the alleged victim was the aggressor and caused the situation to escalate to the point to where the defendant felt as if he or she was in imminent danger. This must be done carefully and under the advice of an attorney.
Lack of Intent in a Domestic Violence Case
In order for an individual to be convicted of domestic violence, the prosecution must be able to prove that the alleged offender intended to cause harm or instill fear in the alleged victim. If they are unable to prove intent, the charges can be reduced or dismissed.
Lack of Proof in a Domestic Violence Case
Because domestic violence charges are typically based on the word of the alleged victim, it is often difficult for the prosecution to find direct evidence that proves the alleged offender is guilty of domestic violence. Even in cases where the alleged victim has visible injuries, the prosecution may not be able to prove that the defendant is responsible for them. Without the necessary amount of evidence, your defense attorney may be able to have the charges against you thrown out of court.
Defense Attorney Fighting Domestic Charges in Franklin County
If you have been arrested for domestic violence in Columbus, Ohio, contact the Joslyn Law Firm to discuss what he can do to help you. Brian Joslyn is a qualified domestic violence lawyer who will work diligently to prove your innocence. Contact the Joslyn Law Firm at (614) 444-1900 for a consultation about your domestic violence charges, and what defense options are available to you in Franklin County, and the surrounding counties of Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.