Do Any Legal Defenses Exist for Domestic Abuse Allegations? 

 Posted on October 24, 2023 in Criminal Defense

Domestic violence accusations are very serious matters that require careful examination of the evidence and legal defenses. As with various criminal matters, legal defenses do indeed exist for domestic violence allegations. If you have been accused of committing acts of domestic violence, you will need to strongly consider hiring a lawyer to formulate your defense strategy. Your Texas lawyer will examine the allegations you are facing and will work to develop a defense strategy in case these serious allegations escalate into criminal charges. 

Three Defense Strategies for Domestic Violence Allegations

1. Self-Defense – One possible defense in domestic abuse cases is self-defense. If the accused can prove that they acted in response to an immediate threat of harm or violence, they may be able to argue that their actions were necessary to protect themselves or others. The key elements to establish self-defense include demonstrating a reasonable belief of imminent danger, proportionality in the use of force, and no reasonable alternative to avoid the threat. In this case, proportionality in the use of force means using a similar level of force to what was used against you. For example, if you were pushed, a proportionate response would be pushing back. On the contrary, if you were pushed and then responded by attacking the person with a baseball bat, this is a clear example of an act that is not proportionate compared to the original push. 

2. False Accusations – Another defense strategy may be to assert that the domestic violence accusations are false. This defense involves presenting evidence that the allegations were fabricated, motivated by ulterior motives, or made with malicious intent. This can include providing witnesses, text messages, or other forms of evidence that contradict the accuser’s claims or demonstrate a history of false accusations.

3. Lack of evidence – An accused person may also argue that there is a lack of sufficient evidence to prove their guilt beyond a reasonable doubt. This defense challenges the prosecution’s ability to present credible evidence linking the accused to the alleged acts of domestic abuse. By scrutinizing the evidence and highlighting inconsistencies, unreliable witnesses, or gaps in the prosecution’s case, the defense may raise reasonable doubt in the judge’s or jury’s minds. 

Contact a Marble Falls, TX Criminal Defense Lawyer 

If you have been accused of committing acts of domestic violence, contact the skilled Llano County, TX criminal defense attorney with Law Office of Russ Alan Baker, PLLC. Call 325-216-2006 for a private consultation.