Possible Defenses for Domestic Battery

Possible Defenses for Domestic Violence Explained



Accident-Related Injury

If an injured person goes to the hospital and it looks suspicious, the medical personnel will often fill out a police report. By using this defense, a person is admitting that an injury did occur, but it was the result of an unintended act. Accidents are not intentional acts of battery and therefore may be a defense. A domestic battery attorney will investigate the facts and compare them to the medical examiner’s documents.



Acting in Self Defense

In order for this to be a viable defense, the force used must be reasonable to prevent personal injury. There are several ways a domestic battery lawyer will begin building this defense. A defense attorney will check the police report for any admission by the alleged victim that they used violence against the accused. They will find out why they used violence to prevent the injury. They will look for inconsistencies in the alleged victim’s story and check for self-defense wounds on the accused.



False Allegations and Self-Inflicted Injuries

During custody battles or disputes, one person might accuse the other of domestic battery to obtain a legal advantage in the contested child custody case. Some people even go so far as to injure themselves before calling the police. A domestic violence lawyer is highly recommended for this situation or anytime false accusations are levied against someone. 



Other Possible Defenses for Domestic Battery

There are several other defenses that can be used by a domestic battery attorney. They include:

• Not present during the crime
• Not enough evidence to prove beyond a reasonable doubt
• Consensual touching or mutual agreement to fight
• Police committed investigative errors during the arrest or evidence gathering