Personal Injury Lawyer

If a domestic violence charge is filed against you, you and your lawyer can build a case in your defense. Your lawyer will review the police report of the accident along with evidence brought forward, to create a defense that will be the most effective. Your lawyer will need to know if other people witnessed the incident, how recent the supposed victim’s injuries are, your emotional state when it happened, whether your home showed signs of a physical altercation, and whether either of those involved were under the influence of drugs or alcohol.

Based on the findings, a domestic violence lawyer, like a domestic violence lawyer in Fairfax, VA, will tell you whether the charges you face may result in minor or significant consequences. It is important to be completely honest and forthcoming, so your lawyer can establish a strong defense.

Can I just say that I didn’t do it? 

If you claim that the supposed victim suffered physical harm but that you weren’t the perpetrator, then your lawyer will try to gather evidence to support this stance. For example, your lawyer may establish an alibi that you were in an entirely different location than where the incident occurred. If there is incriminating evidence that you were at the scene, such as your voice on a 911 phone call or neighbors who saw you, your lawyer may advise a different defense strategy. 

What if my ex lied to seek revenge against me?

Sometimes exes lie about domestic violence as a way to seek revenge. The former spouse or girlfriend/boyfriend may have created the story in their head and now claim it as true. If this is the defense strategy you wish to take, it can help to have evidence of other situations in which your ex had lied in your relationship or made false accusations in the past. This will weaken his or her credibility. 

The incident did happen, but it wasn’t intentional. Does that matter?

Perhaps you were at the incident and were involved in the physical injuries that resulted, but didn’t mean to cause harm. It is possible that it was an accident, but the other person may have interpreted it as domestic violence. For instance, if you were in an argument and were working on the roof when a hammer slid off and hit your partner, he or she may claim it was on purpose. If this is the case, then your lawyer can scrutinize the evidence brought forward from the prosecution and state facts that suggest the incident was an accident. 

What if I was defending myself and concerned about my children?

When violence happens in a family household everyone is impacted, especially young children. If you were defending yourself against an abusive husband, wife, boyfriend, or girlfriend, inform you lawyer about past incidents of mistreatment. Your lawyer can also give you information about how to file a restraining order so you can rest assured that your family is not at risk for further harm as the case is proceeding.

Thanks to May Law, LLP for their insight into some of the defenses you can use in a domestic violence case.