Are you being charged with domestic violence in Salt Lake City? If so, you may want to know how a Salt Lake City domestic violence lawyer can help you. Usually, a person can make a domestic violence accusation or claim following an argument with their spouse or partner. They may make this claim to retaliate against your non-violent disagreement to get leverage in your fight for custody. Your legal defense depends on your case’s facts and circumstances; however, the following strategies may be included in your defenses:
Lack of Proof
Often, domestic violence cases come down to the words of the defendant against the plaintiff’s words. Usually, most evidence includes victim statements and witness statements. Sometimes, a fight does not happen; however, only turns into finger-pointing and screaming. Therefore, it is possible to poke holes in stories in a lot of domestic violence cases. In criminal cases, prosecutors have the burden of proof. They need to prove the crime’s elements beyond a reasonable doubt. A skilled defense attorney can show the judge that the prosecution fails to meet their burden of proof. You can be found guilty when the prosecutors cannot prove the crime.
Deliberately False Claims
If you believe that your partner or spouse has falsely accused you of domestic violence purposefully, your attorney will use this in your defense. Perhaps your spouse has made such an accusation to strengthen their position in your divorce and custody proceedings. Your attorney will look for inconsistencies in your spouse’s testimony of what occurred to prove they are lying. Also, you can compare eyewitness accounts against police reports. Should your case go to court without a plea bargain, the accuser can be cross-examined by your attorney.
Self-Defense
When the police arrive at the crime scene, they usually can’t determine how committed a crime. Likewise, they may not clearly understand who to blame for the crime and whether one of the parties involved acted in self-defense.
If you prefer to use self-defense in your case, you must prove that you responded to your spouse that way because you were in a dangerous situation. Also, you should prove that you caused physical harm to your spouse to protect yourself.
When you make a self-defense claim, you should expect an uphill battle to make sure your rights are protected. Speaking with a domestic violence attorney as soon as possible ensures they have enough time to create your legal strategies.