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Common defenses against domestic violence charges

It is vital for genuine victims of abuse to seek help. The National Domestic Violence Hotline is available for such people. 

However, plenty of people face wrongful accusations. It is vital for them to seek legal assistance immediately to start building a viable defense. Ultimately, the burden of proof still rests with the prosecution, so you can implement a few defenses to try to get the judge to drop the charges. 

Self-defense

It is possible the suspect did assault another individual, but it was in self-defense. This is a potential defense as long as the defendant faced imminent danger. The defendant admits to the violent behavior, but circumstances surround the situation. This defense also works if the defendant wanted to protect any children in the vicinity. 

False accusations

In the event no violent incident occurred, one potential defense involves false accusations. This most often happens when a couple breaks up and one partner wants to spite the other. This can also come up in divorce and child custody cases. To bolster this defense, it is necessary to look closely at the accuser's story and provide eyewitness testimony and police records. 

Insufficient evidence

In some cases, the best defense is to show there is not sufficient proof to support the accusation. There needs to be evidence beyond a shadow of a doubt, and it is up to the prosecution to provide such evidence. 

Wrong suspect

It is possible the accuser got some of the details of the battery wrong. Perhaps the accuser gave the police details, and now the defendant matches the description. There are various ways a defendant in this situation can establish innocence. In this instance, it will be necessary to prove the defendant was nowhere near the scene of the assault. A strong alibi is vital in this situation. 

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