Fighting Unwarranted Domestic Violence Charges
Although nobody wins in domestic violence cases, defendants who’ve been charged without provocation or actions of their own doing shouldn’t pay for crimes they didn’t commit. As an attorney fights through mounds of hearsay and mudslinging, the narrative is getting their client exonerated, and nothing more.
Unwarranted allegations of domestic abuse are approached in many ways, some of which are listed below.
Verify Credibility of Plaintiff
Florida statutes define domestic violence as physical attacks on household members, more specifically family members including cohabitants, children, siblings, spouses and parents. Physical attacks aren’t necessary to be charged; veiled threats, harassing texts messages or calls, and threatening to harm someone close to a family member also qualify.
Credibility of persons not only the issuing written statements, but those who’ve witnessed others being battered or verbally threatened, will be called to question. It’s easy for individuals to self-inflict bruises or bleeding and blame others; while this rarely happens, defense teams will certainly entertain the notion if physical evidence on the alleged batterer is lacking.
Self-defense was necessary
Some instances of violence are simply retaliatory responses to the alleged attacker being left with no option but defend themselves. In mounting a counteroffensive to plaintiff’s allegations, self-defense is plausible when striking someone is necessary to keep attackers away, and prevent further physical harm.
An imminent threat, such as contributory threats or ‘antagonizing’, must be present and provable beyond doubt in order to self-defense to surpass questionability that prosecutors will undoubtedly impose on defendants, such as their duty to retreat and proportional response.
Castle doctrine laws, which state those who are threatened or battered on their own property are permitted to take whatever measures are necessary to isolate that threat including the use of deadly force, may apply.
Defendant Wasn’t of Sound Mind
One final defense that’s possible, apart from the obvious defenses above, would be that defendants weren’t of sound mind when they battered an individual. This may include someone who absconded from a mental institution, has some known mental illness that prevents them from acting rationally. This defense may require court-ordered testing to determine truthfulness, but may be enough to lessen charges or dismiss them altogether.
Some defendants were abused themselves, and know no other way to coexist with individuals. Maladjusted youth find themselves hitting Florida’s streets far too early in life, which causes poor decisions and mental pains stemming from poor parental guidance. Not that this defense is viable, but it will be used to defend clients that exhibit such behaviors.
Unjustified Domestic Violence Charges Cause Unnecessary Chaos
Credible or incredulous, domestic violence is wrong. That said, accusing people of striking or threatening bodily harm when no actions were taken is equally wrong. Proof must be irrefutable to adjudicate anyone as guilty in Florida, especially in domestic cases.
Remember, if you’re an individual with these types of charges hanging over you, an attorney is your best investment. Not only will undeserved charges be fought rigorously, but those charges that are proven to be true will be fought equally hard.
If you’ve been wrongly accused of battering another and want justice, Donald C. Barrett, P.A. is the dedicated domestic violence attorney trusted by Tampa area defendants. Call 813-280-1201 to discuss the particulars of your case.