What are the potential defenses to domestic violence?

The potential defenses to domestic violence may include the following:

Wrong suspect: Defend yourself by establishing that someone else was responsible for the abuse and not you. You need to present evidence as to whether you were near the scene of the alleged incident and whether you had a reliable alibi.

Self-defense: Make a claim that your action was in self-defense or to protect your children. A claim of self defense may work if you reasonably perceived an imminent threat, had a proportional response, and were not the initial aggressor.

Deliberate false allegations: To turn away a conviction stemming from false allegations, your defense attorney will try to search for inconsistencies in the accuser’s story by comparing it to police records and witness accounts.

Lack of proof: Lack of proof is another potential defense. It is the strongest defense in a domestic violence case. You cannot be convicted until and unless the prosecutor meets the requisite burden of proof.

Consent: Although very uncommon, if the accuser gave consent to the act, then that same consent may work as a defense against a domestic violence charge.