Domestic violence is a serious matter whether the accusations have merit or not. If you were recently accused of acting violently towards a member of your household, contact a Lawyer immediately. An Attorney with experience in defending domestic violence charges in Delray Beach provides the counsel and guidance that makes navigating these delicate cases less stressful.
A domestic violence charge can have serious consequences, including job losses and reputation damage. Working with a talented Attorney provides the best possible defense to hopefully repair your reputation and make it clear that you are not an aggressive individual who would intentionally harm their family.
Why Would Someone Falsely Accuse a Family Member of Domestic Violence?
There are numerous motives for falsely accusing someone of domestic violence. Legal professionals handle domestic abuse cases that have nothing to do with violence, but other reasons such as:
- Full child custody
- Punishment for cheating or leaving
- Assets such as residential real estate or commercial properties
- Mental health issues
- General vindictiveness
Common Defenses Against Domestic Violence Charges
There are numerous defense options Attorneys use in household violence cases to defend an individual in light of varying circumstances.
Self Defense
Injuries can occur because the defendant was protecting themself from the accuser. For example, if the accuser picked up a kitchen knife or large pan with the intention of hurting the defendant, any injuries the accuser sustained from the Defendant were due to self-defense.
Credible Alibi
A domestic violence case gets dismissed if the Attorney can prove the defendant was not present at the incident’s supposed time.
Fabrication
Sometimes, accusers fabricate domestic violence allegations due to factors such as revenge or mental illness. Since they may be lying, accounts of their stories are usually inconsistent. A person could claim they were hit in the knee on the police report, but changes their story in Court to say their arm was badly wrenched. These and similar inconsistencies make it obvious that real evidence is lacking.
Investigative Errors
Arresting police officers who make investigative errors cannot sustain charges against individuals accused of domestic abuse, whether they assaulted their family members or not. Issues such as failing to read Miranda Rights, failing to record the interrogation correctly, and denying the accused individual a Lawyer makes the case void. Issues such as arresting the person without probable cause also prevents police from bringing charges against the accused.
Accidents
Domestic assault can happen not because the person was intentionally trying to harm their partner or other family member, but because of an accident. For example, if the accused person tripped and accidentally knocked their partner unconscious with a blunt instrument, circumstantial evidence such as a tripping hazard on the floor and the instrument’s positioning show the incident was accidental.
Schedule a Consultation for Professional Guidance
If you have been wrongly accused of family member assault, now is the time to contact a Lawyer. Our Attorneys offer experience in defending domestic violence charges in Delray Beach and will work tirelessly to restore your reputation.
Make it clear that the accusations against you are false by calling our firm today. One of our team members will be happy to assist you.