Peter Blair | July 18, 2023 | Domestic Violence
Legal proceedings surrounding domestic violence cases can be incredibly complicated and emotionally charged. Contrary to common stereotypes, anyone can be affected by such harmful situations—male or female, wealthy or impoverished.
If allegations of domestic violence have been brought against you, understanding what the charges are and developing potential strategies of defense are essential steps.
What Is Domestic Violence?
In California, domestic violence crimes are defined by the relationship between the defendant and the victim and often involve emotional, psychological, and physical abuse. Domestic violence can occur between:
- Current or former spouses or domestic partners
- Those who are dating or used to date
- Current or former cohabitants
- Parents with a child together
California law encompasses various forms of abuse that may be considered domestic violence, such as:
Physical abuse involves the intentional infliction of bodily harm, physical pain, or impairment. Examples include:
- Hitting, slapping, punching, pushing, biting, kicking, or choking
- Assault with a weapon
- Forced sexual activity or rape
Many other types of physical contact can constitute abuse as well.
Emotional or Psychological Abuse
This includes any action or threat that mentally manipulates or controls the victim. Some examples are:
- Manipulating or controlling behavior (e.g., controlling finances, monitoring movements, and isolating the individual from friends or family)
- Threatening self-harm if the partner leaves
A wide range of conduct can constitute these forms of abuse.
Economic abuse occurs when the abuser controls the victim’s financial resources or access to money, effectively causing economic dependency. Examples include:
- Preventing the victim from seeking or maintaining employment
- Controlling financial decisions and resources
- Withholding a partner’s access to their money or bank account
Economic abuse occurs more frequently than many people might expect, and it can cause significant harm to the victim.
Stalking involves repeated, unwanted contact that causes the victim fear for their safety. Stalking can take many forms, including:
- Following the victim
- Sending letters or unwanted gifts
- Monitoring the victim’s phone calls, online activity, or using GPS tracking devices
- Harassing or threatening the victim through electronic communication (cyber-stalking)
Stalking is a serious offense in California and can lead to prison time.
Domestic Violence Defense Evidence
If you’re being accused of domestic violence, there are many different types of evidence that can be used in your defense:
Frequently treated as a first step after any type of allegations, police reports include information about the initial 911 call and what the officer observed at the alleged crime scene when they arrived.
It may also include information about witnesses and their statements. If you have been falsely accused, this can be incredibly helpful evidence that can help show your innocence.
Frequently used in such cases, this includes surveillance footage and photographs that can contradict claims of injury. Medical records can also be used to reveal the absence of any physical harm to the alleged victim, which can be useful for unraveling false accusations.
Statements offered by witnesses play a pivotal role, too, especially unbiased third parties. Your attorney should gather witness information and make sure to interview anyone who saw or heard the alleged incident.
Alibi evidence serves as an essential tool when confronting false accusations of domestic violence. A defendant can provide evidence demonstrating that they were not at the crime scene where the alleged abuse occurred at the time. This can be done by presenting receipts, video footage, photos, or witness testimony.
In some cases, character evidence can be used as part of your defense. Character evidence is typically used to show that a person – in this case, the defendant – acted in line with a certain trait or behavior at a specific time.
In defense against domestic violence allegations, good character evidence can be employed to challenge credibility aspects raised by the prosecution.
Texts and Emails
In addition to physical absence, another powerful means arises from our digital age—the analysis of text messages and emails. These may unveil potential motives behind accusations. This can include jealousy, revenge, or as a way to sway court proceedings in a divorce or custody battle.
Evidence of Self-Defense
Physical injuries provide compelling proof in support of self-defense claims. Marks like bruises, cuts, or scratches that result from defensive action could provide critical proof. Depending on their severity and location, these injuries could further validate why physical retaliation was necessary on your part, which can help explain injuries to the alleged victim.
Contact a Criminal Defense Attorney With Experience Handling Domestic Violence Cases
Defending against domestic violence allegations can be incredibly stressful. Fortunately, a criminal defense attorney can help you and ensure your best defenses are raised. Contact Blair Defense Criminal Lawyers to schedule a free consultation.
Contact a San Diego Domestic Violence Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information please contact the San Diego domestic violence attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977 or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego
255 Broadway, Ste 1740. San Diego, CA. 92101