What is the Best Defense against a Domestic Violence Charge?
The best defense attorneys factor in that there are legal, personal, and professional issues that a defendant must maneuver when making a decision about how to defend against a DV case. Domestic violence defense requires revisiting the story that was told in the heat of the moment and analyzing differences between that story and what actually happened and why.
The best defense against a domestic violence case varies by the person who stands accused. Lawyers are expert in the legal component to defense which normally is the most important factor in decisions but can be trumped by holding together a family or jobs that will not allow you to work while a charge is pending.
How do Domestic Violence Charges Start?
Domestic violence cases almost always begin with arrest in Columbus and Ohio where there is a “preferred arrest” policy which is exactly what it sounds like. After arrest an accused cannot simply pay a bond—they first must appear in front of a judge who will set a bond but also issue preliminary orders including (but not limited to) can an accused return home while the case is pending, is a protection order issued that may limit contact with children and decided if regular “check-ins” with pretrial services be required while the case is pending.
The Process of Defending Domestic Violence Cases-
First court dates for Domestic Violence cases are called arraignments and decisions made here come at a point where the least information is available and are incredibly intrusive. Experienced legal defense is crucial at this first court date. The process of defending a domestic violence case proceeds to a pretrial after arraignment. A pretrial is an informal hearing where prosecutors and the best defense attorneys exchange information and begin to assess the best path forward. Experienced defense attorneys have a sense after this pretrial of what a “good” plea bargain is and the odds a defendant has at a trial. If this first pretrial is not productive it is not uncommon for there to be a second pretrial to supplement the information exchange and negotiation.
A domestic violence pretrial is different because statements that have changed are points of contention between prosecutors and defense attorneys at a Domestic violence pretrial. Domestic violence charges are often based on the statement of one party and if that story changes the entire case changes. Arguing about why statements may have changed and what that means to credibility of possible witnesses is often a prominent part of a domestic violence pretrial.
Domestic violence cases go to trial more than many other kinds of cases because the sides are unable to find common ground but not all domestic violence cases go to trial. Most cases resolve before a trial. To resolve a case to the benefit of a defendant the prosecutor must offer an acceptable plea offer.
Defenses That Force Prosecutors To Dismiss Domestic Violence Charges:
1. A False Accusation - A false allegation by the victim to get someone arrested is not uncommon in a domestic violence case. Once the heat of the moment has passed many accusers change their story.
2. Self Defense – Accusers in a domestic violence case are normally female. Many females are physically outmatched by their male partner but that does not mean the female did not start the physical confrontation. Self Defense laws all apply – Domestic Violence or not.
3. Insufficient Evidence – An arrest is based on probable cause which means more likely than not a crime was committed. This is very different than proof beyond a reasonable doubt which is required by a prosecutor to prove at trial. A prosecutor can dismiss if they acknowledge that they have insufficient evidence to proceed.
4. Lack of intent – Domestic Violence requires knowingly causing or attempting to cause physical harm. Knowingly is defined by law as a situation where a person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature.
