If you are accused of domestic violence, you will have the right to defend yourself against the allegation in a California courtroom. There are many different strategies that you may opt to use in an effort to cast doubt on any claims made by the plaintiff. For example, you could claim that the allegations are deliberately false or that you were merely engaging in self-defense.
You could assert that you were wrongly accused
To secure a conviction on a domestic violence charge, it must be shown that you were the person who intentionally harmed the plaintiff. It may be possible to refute this by asserting that you were in a different location when the alleged assault took place. For instance, if you were at work at the time that the plaintiff claims that he or she was assaulted at her home, it’s unlikely that you were the one who committed the act.
Did the plaintiff consent to being assaulted?
If the plaintiff consented to be kicked, punched or otherwise physically harmed, it’s unlikely that you did anything wrong. Text messages, witness statements or other evidence may be used to show that you had permission to engage in acts that might result in bruises or other injuries.
Is there any evidence that an assault took place?
Perhaps the easiest way to defend against a criminal charge is to claim that there is insufficient evidence to prove that an attack took place. Alternatively, your criminal defense could be based on disputing the credibility of the evidence that is presented. If evidence is suppressed in your case, it may make it easier for a judge to throw the charge out or for a jury to acquit you.
If convicted of domestic violence, you may spend time in jail or face other serious consequences. Furthermore, your personal and professional reputation may be negatively impacted. In the event that you’re acquitted of the charge, it may be possible to have it expunged from your record.