Common domestic violence defenses in Missouri

On Behalf of | Jan 13, 2022 | blog, Criminal Defense

Getting charged with domestic violence can be a terrifying experience, especially if you are innocent. The good news is that there are several options of defenses to a domestic violence charge that you can explore.

Self-defense

This is one of the most common defenses to a domestic violence charge, and it can be quite effective. If you can prove that you were acting in self-defense, then the court may dismiss your case. For instance, if you were attacked by your spouse during an argument, you may be able to use self-defense to get the charges dismissed.

In order to prove self-defense, you may need to provide evidence that the other person was about to or did in fact attack you. This could include testimony from witnesses or videos of the altercation.

False accusations

Unfortunately, domestic violence charges can sometimes be falsely made by an accuser who’s looking to get revenge or gain an advantage in a dispute. Usually, a false accusation can get disproven easily by gathering evidence such as text messages, social media posts or witness testimony. If you can prove that the accusations against you are false, then the court may dismiss your case.

Lack of proof

You can also argue that the evidence against you is insufficient or unreliable. For example, if you can prove that there was no physical evidence of an assault or eyewitness testimony, then the court may not have enough proof to convict you, and it may dismiss your case.

Consent

If you and your accuser were in a consensual act, then the court may not be able to convict you of domestic violence. For instance, if you were both in the act of rough-housing or play fighting, then your accuser may not be successful at winning the case. However, this defense is often difficult to prove, so it’s important to have strong evidence to support your case.

There are several defenses that could prove your innocence in an instance of domestic violence. You and your legal representative should explore them before taking any action to ensure that the prosecution fails to prove their case beyond a reasonable doubt.