Learning that you have been accused of domestic violence can cause you incredible stress and anxiety, which is understandable. Aside from the potential legal penalties that come with a domestic violence conviction, being branded an abuser can result in professional or personal repercussions.
Texas law defines domestic violence as intentionally, knowingly or recklessly causing bodily injury to or threatening bodily injury to a household member or current or former romantic partner.
When you are accused of domestic violence, it is important to act quickly and learn your rights. Stay quiet and do not speak with police officers or prosecutors. Instead, have your situation professionally evaluated so you can form a proper defense.
Your word against theirs
Many domestic violence accusations are “he-said/she-said” situations. Remember that the prosecution must prove beyond a reasonable doubt that the domestic violence incident occurred.
This is usually difficult to do when they only have the victim’s word to go on. Without any other evidence such as photographs of injuries, witnesses who can back up the victim’s version of events or medical records showing treatment of injuries, the prosecution has little to no case.
An accident
Another potential defense is that the incident was an accident. This means that you admit to being there and causing the injury but claim you did it unintentionally.
This defense is stronger if there is evidence at the scene that supports the accident theory. Your defense that you accidentally stabbed the victim with a knife while you were chopping vegetables for dinner will appear weaker if there is no evidence that anyone was cooking at the time.
Self-defense
Self-defense is a commonly asserted defense to a domestic violence charge. Many domestic violence cases are based on a situation between two people that escalated, quickly got out of hand and ended up with both people getting physical.
Sometimes the person who calls the police in these situations, or the person who gets to speak with the police first, is assumed to be the victim. This person might be the aggressor and attempt to get back at the other person by alleging domestic violence.
Factors that could support a claim of self-defense include injuries consistent with someone defending themselves, such as defensive wounds on your hands and forearms or marks on your legs or feet if you were trying to kick the aggressor away.
Violation of rights
If there is evidence to support a charge of domestic violence, the police may still not be able to bring charges against you if any of your rights were violated.
Perhaps you were not read your Miranda rights or the police conducted a search without probable cause. The police may not have contacted witnesses at the scene that would support your version of events. There are just a few examples of the numerous rights you have as a criminal defendant that could have been violated.
No matter what defense you use, if a police report was taken, your story should remain consistent with whatever is in the report.
For example, if you spoke with the police and said that the victim injured herself when she slipped and fell on ice, the police report should indicate that the area where the incident took place was icy at the time.
