When you're accused of domestic violence, you’re most likely immediately concerned about how this going to affect your future. However, as difficult as it may be, it’s important to keep your focus on the present moment. Investigations can start at any moment, and you can even be arrested and charged without there being any direct evidence that an incident of domestic violence occurred.
If you have been accused of domestic violence, you need to be aware of the fact that you will be in need of a criminal defense attorney immediately. In addition to this, you must also begin to educate yourself on the possible defenses to domestic violence charges.
Domestic violence accusations can cause huge problems in your life. Regardless of your innocence or guilt, you will have the responsibility of court appearances and the burden of dealing with prosecutors who want to convict you of this charge. Make sure you’re well-prepared by hiring criminal defense lawyers Sabol & Mallory, attorneys serving Groveport, Reynoldsburg, Columbus, and other cities of Franklin County, Ohio. The Sabel Mallory law firm is led by Dan Sabol and Chase Mallory. With years of criminal defense experience alongside a strong reputation of helping clients receive favorable outcomes, you can count on them to defend you against the accusations you face. Call us at 614-300-5088.
Columbus OH Domestic Violence Charges Information Center
● False Accusations
● Consent as a Defense
● Lack of Intent
● Lack of Proof
● Resources for Defenses to Domestic Violence Charges
Commonly known false accusations, these types of circumstances occur when an individual accuses someone else of domestic violence (without being a victim of domestic violence) when they know the accused party is innocent. Situations like these typically take place during child custody disputes and/or divorce disputes. When one parent is trying to gain an upper hand during the proceedings, they may do whatever it takes to paint the other parent in the worst light possible.
When this happens, there are typically inconsistencies in the accuser’s story, but you’ll need a legal expert by your side to make sure you’re able to pinpoint the holes in their story. Hiring an experienced criminal defense lawyer will give you a much better chance at overcoming false accusations.
This situation becomes slightly different if an act of domestic violence did take place. If your accuser has been victimized during a violent act but you can establish beyond a shadow of a doubt that you had no involvement, you have a strong defense against the accusations and charges. To successfully defend yourself against this situation, it is imperative that you prove that you were either:
a) Not at the scene of the incident, or
b) At the scene of the incident but had no involvement in the domestic violence that allegedly place.
Using consent as a defense is also an option as in certain situations. If one party agreed to partake in a specific act involving both parties and bodily pain was inflicted, it is possible to use the consent of the other party as a defense. These situations can be difficult to navigate, but as long as you have a quality attorney on your side, your legal team should be able to find the facts you’ll need to establish this as your defense in court.
Self-defense is another possible defense for domestic violence charges. If you are at a scene where the domestic violence took place and you were also involved in the altercation, it is possible for you to build a defense that will withstand a court of law. To establish self-defense, you and your legal team must be able to show that you feared for your life, and/or you were protecting someone else who feared for their life. You must also be able to show that you were not the aggressor in the altercation.
Before convicting an individual of domestic violence, prosecutors must first prove beyond a shadow of a doubt that the defendant intentionally caused harm to the alleged victim. If they are unable to do this, the defendant may be able to reduce or dismiss their charges.
For the most part, this is self-explanatory. As previously mentioned, the prosecution has the burden of proof in cases such as domestic violence. Even if the accuser has injuries such as bruises, cuts, or broken bones, the prosecutor has to prove beyond a shadow of a doubt that the defendant is the one who inflicted these injuries. If they are unable to do this, the case may end in either reduced charges or a complete dismissal.
National Child Abuse Defense & Resource Center - This link takes you to the website of the National Child Abuse Defense & Resource Center, a non-profit organization of volunteers who are dedicated to preserving the rights of individuals who are falsely accused of child abuse, domestic violence, and violent crimes.
The Ohio Wrongful Conviction Project - This link takes you to the Wrongful Conviction Project, an organization that is committed to bringing attention to wrongful convictions. Their mission is to exonerate the wrongfully convicted citizens of Ohio and reform the criminal justice system in hopes of preventing future injustice.
Penalties For False Reporting and Failure To Report - This link takes you to the Child Welfare website, where you can learn more about the penalties associated with failing to report child abuse, as well as the penalties associated with false reporting.
Facing arrest for domestic violence or other violent crimes can be extremely stressful and frightening. These types of crimes carry extremely negative stigmas, and they can tarnish your reputation for the rest of your life. If you have been arrested for domestic violence or you believe you may under investigation, contact the Sabol Mallory Law Firm immediately.
With years of experience, Dan Sabol and Chase Mallory (alongside their staff of legal experts) have helped numerous citizens reduce or dismiss their charges. Serving Franklin County, Delaware County, Licking County, Fairfield County, Pickaway County, Madison County, and the surrounding areas of Columbus, these lawyers are ready to fight for your freedom. Contact us here to provide us with some information about your case. We’ll make sure a legal expert from our team gets in touch with you afterward.