How To Defend A Domestic Violence Case With Or Without A Lawyer

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While a Domestic Violence charge may refer to assault, there are other such actions that can constitute domestic violence. These other actions include disorderly conduct, interfering with the report of a domestic violence situation, malicious mischief, harassment, theft, cyber stalking, intimidating a witness, tampering and more. However, typically, it’s for assault.

The definition of assault includes intentional striking, touching, cutting or shooting of someone else. The unlawful force that may be harmful or offensive whether or not there was an injury. If a person is offended by being touched or any other action, it may be constituted as assault.

Assault is also the intent to inflict an injury upon another person by force. An injury doesn’t necessarily have to happen, if there is an intent, there is reason to charge the person with assault whether or not they successfully assaulted the other party.

Assault is also an action that is done with unlawful force and done with the intention to put fear or apprehension to another person. If it creates fear or apprehension, it is considered to be an assault. If the person is in fear, it’s an assault whether or not the person intended it to be an assault.

Note, in the above definitions of assault, the language uses “unlawful” force. This means that you have the right to defend yourself if the other party is using unlawful force.

 

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Although you will be assigned a public defender, an experienced domestic violence attorney will do a better job at defending your rights. This is because public defenders often do not have enough time to dedicate to all of the people they are forced to represent.

Self-Defense

Over the past 10 years, attorneys seen a recurrent pattern in a lot of the cases. “Mutual Combat” where the parties both strike one another. Police typically arrest the person that they believe was the aggressor. According to domestic-violence-law.com, this person is often referred to as the primary aggressor. The person charged with the assault may have been simply defending themselves after being attacked. The police have to arrest someone and sometimes, one party will step forward and say “arrest me”. Obviously, law enforcement considers that an arrest must be made. This isn’t always true. Probable cause should be the reason for an arrest. Regardless, I’ve defended both types of cases before resulting in none other than Not Guilty verdicts and dismissal of the case pre-trial due to the fact that there was insufficient evidence.

Self-defense is the attempt to offer or use force on another who is attacking. If you believe you’re about to be injured, you may use lawful force to defend yourself. Keep in mind that this is only if you feel that you’re in danger or about to be attacked. Each situation is different and will have its own particulars and details. Every case should be evaluated individually. Just because a person says something doesn’t always make it so. Police need to remember to get all the details.

A person who is using or offer to use force may use such means and force that are reasonable to defend themselves. This is what any prudent person would do under similar or the same conditions. The police should take everything into consideration before arresting someone. They need the facts from both parties and the information on what was going on at the time and why. The more evidence that can be presented, the more likely the right person will be arrested. It’s not always easy to ascertain but with the right form of questioning, it’s usually a much better outcome.