Domestic Violence Defense Strategy

How to Combat Domestic Violence Charges? Defense Strategy

If you were recently charged with domestic violence, our defense attorneys at Philip Kim Law, P.C. are here to protect your rights.

A domestic violence defense strategy is the legal strategy used to challenge charges and protect the accused in court. This short guide will walk you through essential defense strategies, legal procedures. Whether you are under investigation or facing a criminal charge, our experienced domestic violence attorneys are ready to build a strong case to challenge the prosecution’s evidence.

Common strategies include self-defense claims, disproving false accusations, exposing law enforcement errors, or filing motions to suppress unlawfully obtained evidence. We can help you determine which approach applies to your situation and how to protect your rights in court.

Remember that a charge does not guarantee a conviction. You do not have to face your case alone when you have us on your side.

The Basics of Domestic Violence Laws and Types of Abuse

Domestic violence laws fall under Georgia’s Title 19. Local laws (OCGA § 19-13-1) stipulate that physical abuse can include kicking, shoving, pulling hair, pushing, scaring, or throwing objects.

To be considered domestic violence, they need to have occurred between people with a qualifying domestic relationship. In other words, those involved should be married, formerly married, live together, have a child together, or be in a dating relationship.

Moreover, the legal definition extends beyond physical harm and encompasses various forms of abuse, such as:

• Sexual assault
• Intentionally or recklessly hurting someone physically
• Harassing behaviors
• Stalking
• Destroying property
• Disturbing someone’s peace
• Making threats to harm someone
• Inducing fear or making someone reasonably afraid of being hurt
• Property destruction

In some jurisdictions (Arizona, Rhode Island, and Connecticut), even disorderly conduct can be considered a form of domestic abuse.

Police officers often look for visible injuries as immediate evidence, but the absence of such injuries doesn’t necessarily mean abuse hasn’t occurred. However, the prosecution has to present enough evidence to prove the abuse beyond a reasonable doubt. This requirement creates opportunities for effective defense strategies.

Burden of Proof and Reasonable Doubt in Domestic Violence Cases

In domestic violence cases, the state is required to prove guilt beyond a reasonable doubt—the highest standard of evidence in the legal system.

This means that if there is any doubt about your guilt, the jury has to declare you not guilty. The burden of proof creates significant opportunities for us to challenge the prosecution’s case.

Experienced domestic violence attorneys understand how to identify weaknesses in the prosecution’s evidence. They can create reasonable doubt by closely examining witness statements, physical evidence, and the circumstances of the case.

As your defense attorneys, we’re ready to highlight any gaps or inconsistencies in the case.

Key Defense Strategies in Domestic Violence Cases

Family violence assault cases may involve allegations of hurting or injuring someone.

These serious charges require an experienced criminal defense lawyer who can guide you through the legal process. A lawyer can also explain the possible defenses available to challenge the prosecution’s case.

We’re prepared to protect your rights using the following defenses:

Self Defense and Protection of Others

People facing domestic violence charges may claim self-defense if they can prove they reacted to imminent danger. This affirmative defense acknowledges that physical contact occurred. However, it argues that it was justified to protect oneself or others from harm.

Self-defense can be effective when evidence shows the alleged victim has a history of abuse or violent behavior. Documentation of past incidents, witness testimony, and medical records can support your self-defense claims.

False Accusations and Ulterior Motives

We can argue that the alleged victim has ulterior motives for making false accusations.

Our skilled attorneys can uncover evidence of ulterior motives. To do this, we can carefully investigate the timing of allegations and examine divorce or custody documents. Also, we’re ready to analyze communication patterns.

When facts are exaggerated or fabricated, specific tactics can expose false accusations.

Law Enforcement Errors & Wrongly Accused Suspect

Another defense strategy we can propose is to argue for law enforcement errors.

In the heat of a domestic dispute, officers may arrive at the scene and make quick decisions based on incomplete information. Evidence can be misinterpreted, proper procedures may not be followed, or bias during the investigation can lead to wrongful accusations.

We’re prepared to review police reports, body camera footage, and witness statements to identify mistakes in the arrest process.

These errors can weaken the prosecution’s case and shift the focus back to reasonable doubt.

Accidental Injury and Lack of Intent

Domestic violence cases can involve situations where injuries occurred accidentally.

Our skilled lawyers are prepared to examine physical evidence, medical records, and witness statements. We aim to show that injuries were inconsistent with intentional violence.

Professional testimony may be necessary here to demonstrate how injuries could have occurred accidentally during the alleged incident. We can contact local professionals to help us prove a lack of intent.  

Violation of Constitutional Rights During Arrest

We can also look into whether your constitutional rights were violated during the arrest.

Common issues include unlawful searches, lack of probable cause, failure to read Miranda rights, or coercive questioning tactics. When these violations happen, important evidence may be excluded from the case.

For example, we can review the details of how evidence was gathered, including search warrants, consent to search, and chain-of-custody records. If your rights were violated, we can file motions to suppress evidence or challenge the validity of the charges.