Domestic violence is the act of using control through violence, verbal abuse, threats, or other damaging means to maintain power in an intimate relationship. Various acts can be classified as domestic abuse, including online harassment, financial control, physical abuse, etc. Millions of people in the US fall victim to domestic violence every year.
If you have been accused of committing domestic violence, you should be aware of the prosecution tactics commonly used so that you can defend yourself. You should hire a good criminal defense lawyer so that you don’t fall victim to these common tactics.
1. Overcharging the defendant
A common tactic the prosecution uses is pushing for a bigger punishment than what is actually needed for the alleged crime. By taking a tough stance, the prosecution could intimidate the defendant into accepting lesser charges even if they’re not guilty.
Having an experienced lawyer on your side who is knowledgeable in domestic violence laws and the charges associated with specific crimes gives you a better chance at defending yourself. Your lawyer can argue that the prosecution is pushing for unfair charges that are disproportionate to the crime.
2. Manipulating the relationship between the defendant and the victim
The prosecution could also misrepresent the relationship between the two parties, making it seem like the defendant has a tendency for violent or abusive behavior.
An example could be using text messages or videos out of context, making it seem like the defendant was violent when their intention was very different. This could serve to influence the judge or jury into trusting the victim’s statements.
In such cases, presenting strong evidence to counter the prosecution’s claims is a good strategy to use. Another possible defense your lawyer can use is to point out the irrelevance of the past incidents to the case in question or the inconsistencies in the evidence submitted.
3. Pushing for a restraining order
A restraining order or a protective order is an order from a US court prohibiting an individual from contacting or meeting another person in order to protect them from harm, which could include domestic violence, stalking, or other crimes. Applying for a restraining order against the defendant could undermine their credibility and prevent them from effectively defending themselves.
Your lawyer could argue that the restraining order is unnecessary and affects the defendant’s job or living conditions. Your lawyer can also show how you’ve been compliant with the court so far or how the victim is not in any danger.
- Filing witness intimidation charges
Another tactic that the prosecution could use is filing witness intimidation charges. This basically means that the defense—either the defendant or their lawyer—tried to intimidate or coerce witnesses into not testifying or withholding information from the court. If these charges are filed, the defendant’s reputation can be badly damaged, and it can lead to bigger charges. It can affect the defense’s chance of winning the case.
Possible defenses that can be used include contesting the evidence or the legal definition of the charges.
Conclusion
Domestic violence is a sensitive topic, and while there are many unfortunate victims, people can also be falsely accused on occasion. It’s important to be aware of your rights in such circumstances and hire a good lawyer to defend yourself. Staying calm and avoiding actions that could be damaging could be favorable to the defendant.
Remember that unless the prosecution can come up with good evidence for the case, there is a chance for the case to be dismissed. So, if you’ve found yourself in such a situation, stay calm, read up on your rights, and hire a good criminal defense lawyer.
