While the court takes cases regarding domestic violence in California seriously, some cases unfortunately involve suspects who are facing false accusations. When considering domestic violence, many only think of physical assault, but there are numerous ways a victim can experience this type of behavior. Depending on the allegations, there are various ways an attorney may fight back against the charges.
According to the Arizona Coalition to End Sexual and Domestic Violence, abusive behavior can occur in a variety of ways. The types of domestic violence that a victim may experience include:
- Physical abuse
- Sexual abuse
- Verbal abuse
- Emotional abuse
- Controlling behavior
- Economic abuse
While physical abuse has the highest risk of serious injury, the other types have their own consequences that can affect the victim long-term.
For people who are facing accusations of domestic violence, and feel they are not true, FindLaw outlines some defense strategies. A simple lack of proof is a common way to get out of the charges. The prosecution carries the burden of showing evidence of proof, and in certain cases, especially those involving psychological or emotional abuse, this is challenging. If an attorney believes the accuser if falsely accusing for reasons of malice or revenge, he or she will look for inconsistencies when comparing the accusations with witness or police reports.
In some cases, the accused party may claim self-defense or say the behavior was due to the protection of a child. Another defense mechanism is to prove the court has the wrong suspect. This often requires a reliable alibi or the ability to prove the suspect was nowhere near the incident location at the time of the abuse.