Claims of domestic violence are serious and can create painful strains in familial relationships. In Texas households and between family members, allegations of domestic violence are sometimes asserted in cases where no domestic violence occurred. The grounds for these wrongful accusations may be erroneous or wrongful, and when they happen they can place damaging legal focus on innocent individuals.
Texas recognizes defenses to domestic violence claims and several of those defenses will be discussed herein. No part of this post, however, should be read as specific legal advice or guidance. All domestic violence cases should be managed with the support of a knowledgeable attorney.
Possible domestic violence defense strategies
Claims of domestic violence are built on evidence that shows the intentions and actions of the alleged aggressors. When the evidence is insufficient or lacking, accused parties may not be convicted of their alleged crimes. Defense strategies can help refute or overturn evidence. Some defenses that may support the needs of Texas domestic violence defendants include:
- Mistake: An alleged victim misunderstood the actions of the alleged aggressor and no violence was intended or supported by the evidence.
- No evidence of offense: A prosecutor cannot give evidence that proves the elements of a domestic violence charge.
- Self-defense: An alleged domestic violence aggressor used self-defense to protect themselves from the violence of their alleged victim.
An attorney familiar with a domestic violence defendant’s case can counsel them on which defense strategies may support their situation.
Why defense strategies matter in domestic violence cases
Domestic violence is a serious issue that can have significant repercussions in the life of a defendant. A conviction can result in jail time, fines, and losses of other rights, including access to their family members. Men and women facing these harsh circumstances can stand up for their rights and can develop defense plans to meet their allegations with the help of their attorneys.