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3 defense strategies in domestic violence cases

September 6, 2019 – David W. Foley – Uncategory

Criminal Defense Lawyer in Colorado Springs | Call 719-757-1182

Facing charges of domestic violence can seem daunting, especially if you do not believe you should. In Colorado, there is a tendency for the police to believe one side of the story over the other and let the court sort out the rest.

It is wise to understand that just because you face these charges, it does not mean you will face conviction. Several defense strategies can turn the tide in a domestic violence case. Explore three of these to see if any apply to your situation.

1. False claims

When a couple goes through a rough patch, tensions run high. If the patch turns into a divorce or breakup, the stress can increase tenfold. In some instances, an impending court proceeding, like a divorce or child custody case, may give one person the idea to make false abuse allegations. He or she may believe that a criminal record may make the other person a less desirable factor in the court proceeding.

2. Self-defense

Sometimes, when a couple argues, things can go too far. During the argument, one person may feel threatened and mount a defense against the other. Should a third party see part of the altercation, he or she may get the idea that the defender is the aggressor. A strike in self-defense may wind up excused if there is proof.

3. No way to prove the allegations

In a domestic violence incident, there needs to exist some proof that one person hit or struck another. However, a lack of bruising or marks may make the use of force difficult to prove. If there is a lack of physical evidence, the court may dismiss the charges. Third-party witnesses may help as well, whether they saw something or not.

A domestic violence charge is nothing to take lightly. However, there are instances of false accusals. An attorney may help aid in your efforts to get the charges dropped or dismissed.

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