In the state of Indiana, domestic abuse is regarded as when a person attacks
a loved one or intentionally touching a spouse, partner, or co-parent
in a rude or angry way, resulting in bodily injury. In some cases, a victim
will file a restraining order against a member of the family or against
a person with whom they were romantically involved if they fear for their
safety. If you wish to contest a restraining order and fight a charge
of domestic violence, there may be some defenses your criminal defense
attorney may use in your case. Here are 3 of the most common defenses used.
The first is the most obvious—you’re innocent. However, these
cases can be complicated if it involves a significant amount of hearsay
and testimony without concrete evidence to prove it. When defendants are
entirely innocent, the accuser usually wants to make life harder for the
accused and potentially uses domestic abuse charges to gain full custody
of a child they had together.
Another defense used is violence in self-defense. Often, when an abuser
was injured by the victim who was trying to protect himself or herself
from harm, the battered woman or battered child syndrome defense is used.
For example, if an abused 17-year-old is facing domestic violence charges
after punching his abusive father, he could use self-defense in court.
If your ex is accusing you of abuse and using a bruise as evidence you
know the ex acquired from a personal accident, such as skiing, you can
use the truth against him or her. This defense requires some proof that
your accuser experienced personal injuries related to the accident you
describe, such as a doctor’s visit or a vacation video.
If you’re unfairly facing domestic violence charges, you could wind
up in prison or lose custody of your children. Make sure you give yourself
the best chance of avoiding a conviction by talking to one of our skilled
Fort Wayne domestic violence attorneys today. Let us see what we can do for you.
Contact us by phone or fill out our online form to schedule a free case consultation today!