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Can I defend myself against a domestic violence accusation?

Being accused of domestic violence is a very serious issue to have to deal with, and when learning of this accusation, you are likely to be upset. In many cases, an accusation of domestic violence comes after a heated or intoxicated argument. In a situation such as this, emotions can run high and exaggerated claims can be made.

If you are adamant that you are not, in fact, guilty of committing domestic violence despite being accused of the offense, take adequate action to defend yourself. It is important that when doing so, you are aware of the entirety of the defense options available to you. The following are some of the most common defenses used in response to domestic violence allegations.

Arguing that you were acting in self-defense

When a heated argument breaks out in a household, things can accelerate quickly and become physical. It's normal human behavior to act physically to defend yourself if you have a good reason to believe that you are at risk of becoming injured. If you claim that your accuser presented an imminent physical threat to you, and that you responded in an appropriate manner to defend your safety, it may be possible to have charges dropped.

Showing that there is a lack of proof

If an instance of domestic violence did occur, the accuser should be able to provide evidence to back up their claims. For example, if a person claims that you hit them and gave them a black eye, they should be able to provide a photo of this injury. If not, by claiming a lack of proof you may be able to avoid charges.

Claiming that the allegations are intentionally false

Some people try to bring about domestic violence charges for strategic or malicious reasons. They may do so to try to get revenge on you, or they may do so to gain an advantage over you in a child custody claim.

Domestic violence charges can result in jail time and heavy fines. It could also mean that you risk losing custody of your children if you are deemed to be a risk to them. This is why it is important to take action and aggressively defend yourself.

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