Defending Against Domestic Violence Charges

Being charged with domestic violence is devastating, particularly when the accusation is completely unfounded. You may think that because you did nothing wrong, the situation will sort itself out. Sadly, this is not usually the case. Law enforcement and District Attorneys pursue these cases aggressively and will work tirelessly to secure a conviction. 

Although the law may not be on your side, this does not mean the situation is hopeless. There are several defense strategies that can help you beat the charges and retain your freedom, and our League City domestic violence defense lawyer can help explain what these are.

Self-Defense

Self-defense is one of the most common defenses against domestic violence in Texas. For example, a wife may physically assault her husband unprovoked. The husband may worry about the physical injury and use force to push his wife away. The wife may fall backward and hit her head, suffering a concussion. Later, she may claim that her husband abused her. Even if the husband honestly tells law enforcement that he was acting in self-defense, he may still be arrested and charged with domestic violence.

It is always important to work with a League City domestic violence lawyer who can prove self-defense. Keep any documentation showing that your partner has an aggressive or violent nature, such as social media posts or text messages. If you have sought medical attention in the past due to an altercation with your partner, these records can also be very helpful when proving your case.

Lack of Intent or Recklessness

Intent plays an important role in Texas domestic violence cases. To secure a conviction, the prosecution must prove one of the following beyond a reasonable doubt:

• You intentionally or recklessly caused bodily harm to another person.
• You intentionally threatened another person with imminent bodily harm.
• You intentionally made physical contact with another person that you knew the victim would find offensive or provocative.

Due to the elements above, you cannot be convicted of domestic violence if you did not act intentionally or recklessly. For example, you and your partner may have been in the middle of a heated argument. Trying to walk away from the situation, you accidentally brush against your partner. They stumble and fall down the stairs, breaking their leg. Although they were physically harmed and you made contact with them, you did not act intentionally or recklessly. As such, you cannot be convicted of domestic violence.

False Allegations

Sadly, false allegations of domestic violence are very common. People may accuse their partner or former partner of domestic violence for many reasons. They may simply want to seek revenge due to hostile feelings towards the person and the relationship. Or, someone may falsely accuse another person of domestic violence in order to gain the upper hand in a divorce or child custody dispute. This is particularly grievous for many reasons. Not only does it put your freedom at risk, but it can also result in people doubting actual victims of domestic violence and sexual assault.

When someone makes false accusations, your League City domestic violence defense lawyer will work very hard to prove this in court. Although a lack of pictures of injuries or medical records does not provide a guarantee that you will beat the accusations, these elements can help strengthen your case, as they can create reasonable doubt.

It is not uncommon for people to damage their own credibility when they falsely accuse someone of domestic violence. For example, a husband may tell police officers that his wife struck him while they were downstairs in the kitchen. Later, he may change his story and say that his wife hit him upstairs, in their bedroom. Your attorney will also watch for these inconsistencies, as they happen quite often and are very effective at proving your innocence.

Insufficient Evidence

In domestic violence cases, the burden of proof is on the prosecution. They must demonstrate to a jury that you are guilty beyond a reasonable doubt. To do this, they need strong evidence to support their claims. The evidence they present may include police reports filed by responding officers, statements from witnesses who saw the violence occur, photos of injuries or property damage that was caused by the violence, and objects that were allegedly used during the act.

When the prosecution does not have enough evidence to meet the burden of proof, this can serve as a defense. 

Rights Violations

You have rights, even when you are being accused and arrested for domestic violence. For example, under the Fourth Amendment, you have the right to be protected from unlawful search and seizures. If police searched your home without a warrant after your partner falsely accused you of domestic violence, any evidence obtained from the search is inadmissible in court. This is because law enforcement must obtain a valid warrant from a judge before conducting a search.

Likewise, if you were arrested and the police did not read you the Miranda warning, this can also serve as a defense. It is under the Miranda warning that you have the right to remain silent and the right to an attorney. If you requested a lawyer but the police did not comply with your request, this can also serve as a defense. If police did not read you the Miranda warning, it is also possible that they cannot use any statements you made against you.

Proving rights violations is not easy. A domestic violence defense lawyer can prove that your rights were violated so you can retain your freedom.

Our Domestic Violence Defense Lawyer in League City Can Help You Beat Your Charges

Being charged with domestic violence is always scary. Your employment, reputation, and entire future are at risk. Still, the situation is not hopeless. There are defenses available that can help you beat the charges against you and put the accusations behind you. At The Law Offices of Tad Nelson, our League City domestic violence defense lawyer can build the strong defense you need to create reasonable doubt and give you the best chance of beating the charges. Call us now at 281-377-7931 or fill out our online form to schedule a consultation and to get the legal help you need.