There are numerous ways to defend against domestic violence charges. Reframing the situation by providing a different narrative than that of police officers or the other person involved in an altercation is a common strategy.
Domestic violence defendants are not necessarily aggressive or unstable people. In some cases, they may actually be victims of domestic violence themselves. Those hoping to avoid convictions may claim that they acted in self-defense or that what witnesses saw was “reactive abuse” and not a standalone incident of domestic violence.
What constitutes self-defense?
People generally have the right to use physical force to protect themselves and others from imminent threats of violence. Self-defense claims can be a bit more complex in domestic violence scenarios.
Generally speaking, the person alleging they acted in self-defense must not have instigated the situation. Other reasonable people generally need to agree with their perception that physical force was necessary for their immediate safety in that situation.
What constitutes reactive abuse?
Reactive abuse is different from self-defense. It is not legally necessary violence but rather the product of an intense emotional reaction after long enduring the abuse of another party.
Someone who has experienced physical and emotional abuse from a family member or romantic partner may recognize certain dangerous behavioral patterns. They may become aggressive and even irrational in response to conduct they recognize as warning signs of incoming violence.
Those hoping to fight domestic violence charges by changing the narrative around the situation typically need the assistance of a criminal defense attorney. This can help defendants protect their rights and explore different viable defense strategies.