Can I defend myself against domestic violence?

On Behalf of | Jun 10, 2020 | Assault And Domestic Violence

If you are facing charges for domestic violence, you may be worried that there is no way to defend yourself. While it’s possible that you are currently feeling hopeless about the situation, it is important to know that everyone is entitled to defend themselves, no matter what the circumstances are.

Since you have the right to defend yourself, there are many options available to you. While you may not be able to successfully argue that you did not commit what you are accused of, you do have the opportunity to explain the circumstances in full. This will give you the chance to have your side of the story heard. From there, you may benefit from a reduced sentence or even dismissed charges. The following are some of the possible ways that you can defend yourself against a domestic abuse accusation.

Argue that the accusations made against you are false or an exaggeration

Like many defendants, you may choose to argue that the accusations made against you are simply a lie. You may be able to show this by gaining witness statements, or by citing a lack of evidence. For example, if it is claimed that you punched the accuser in the eye but there is no photographic or medical evidence of this, the statement may not be able to be proven.

Additionally, you may be able to back up your claim that the accuser is lying by citing a motive. For example, if you are currently fighting a child custody battle, the accuser may be making false accusations so that they have the best chance of gaining their desired outcome in the child custody case.

Show that you acted in self-defense

Arguments can get out of control. While violence is never ideal, it is permissible under the law if you were acting only to defend yourself. If you had reason to believe that you were in danger of becoming seriously injured, it would have been permissible to take appropriate and proportional action to prevent injury from occurring.

If you have been accused of domestic violence in Texas, you shouldn’t lose hope of having charges dismissed. Make sure that you start building your defense now. A winning defense strategy takes time, so it’s vital that you take early action.