- Law

Defending Yourself Against a Domestic Violence Charge

People who live together on intimate terms are bound to get into arguments from time to time. Not all such disputes lead to violence. But to an independent observer the passionate outbursts coming from your home may sound like a physical assault. Matters can be made worse if the police show up in the middle of such a tempest, when you are both still heated and filled with scorn. The officers who respond to the call can make an arrest if they believe it is warranted. It is often the case that overzealous officers make the decision to do so, which can in turn make things spiral out of control.

Your Constitutional Rights

If you have been arrested for domestic violence, the first thing you should do is call a lawyer such as the ones found at brianzeiger.com. You may be strongly tempted to resist arrest. Don’t. It will only lead to more legal trouble. Once you are in custody, you may feel the urge to explain yourself to authorities and tell them why you are innocent. You should also resist this impulse. You are in no state to make any clear or coherent statement, and you might accidently say something that can later be used against you in a civil or criminal proceeding.

Your best option is to exercise your Fifth Amendment right to remain silent. You should say nothing until you have had a chance to speak with your attorney. Once your lawyer arrives, they will advise you on the best way to proceed.

Possible Outcomes

It may be possible to reconcile with your partner. If the incident was blown completely out of proportion by the police officers who showed up at your house, your lawyer may be able to broker a deal in which you can speak to your partner and get them to have the charges dropped.

Your partner may refuse to see you. They may press ahead with the charges, which means your lawyer will need to build up your defense. The decision of your partner to do so may be animated by feelings of anger and resentment, and it may be necessary for you to go through the entire process of adjudication to clear your name.

What Your lawyer Will Do

Domestic violence allegations are serious and should be treated as such. The authorities should carry out a thorough investigation before they charge you with such a crime. If they do not, there will be serious holes and flaws in their case—the kinds of shortcomings that an experienced defense attorney can take advantage of.

You must remember that you innocent until proven guilty. Your lawyer will be able to introduce enough reasonable doubt into the case to turn things your way. In the end, the prosecutor may be forced to drop the charges against you.

Do not allow a simple disagreement to turn into a criminal matter. Get the legal help you need to defend yourself if you have been charged with domestic violence.