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.
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