How Can I Challenge my Domestic Violence Allegations?

By Brock Benjamin
Founding Attorney

If you are facing domestic violence allegations, you need a strong legal advocate to protect your rights and reputation. We will build a strong case to challenge the allegations against you. At Benjamin Law Firm, we can provide the legal representation and counsel you need to defend against domestic violence allegations as we seek the best resolution possible in your case. 

Gathering Evidence to Support Your Defense

Your criminal law attorney will build a robust case based on evidence supporting your legal defenses. By carefully analyzing and examining records and talking to witnesses, we will gather the available evidence to defend against the allegations. Some of the common defenses to domestic violence cases that may be used depend on the unique circumstances of your case. These defenses include:  

  • Self-defense – Perhaps the most common defense in domestic violence cases. To use this defense, your lawyer must demonstrate that your actions were necessary to protect yourself or others from imminent harm or bodily injury. Specifically, your lawyer must show that you reasonably believed there was an immediate threat of harm and the force you used in response was proportional to the threat. Further, your lawyer must show that you did not initiate or provoke the violence. To support your claim of self-defense, eyewitness testimony, photographs, and medical records may serve as valuable evidence in your case.  
  • False accusations – This strategy requires your attorney to present evidence supporting your claim that the domestic violence allegations are entirely fabricated or are due to jealousy or revenge. Eyewitness testimony or the testimony of other family members who are familiar with the dynamics of the relationship or the accuser may be used as evidence to support this defense.  
  • Lack of intent – In reviewing your case’s alleged facts and circumstances, your attorney may find evidence to argue that your actions were unintentional or accidental. 

Through eyewitness or sometimes expert testimony, your lawyer may argue that you lacked the intent to cause harm.   

  • Lack of evidence – In analyzing the purported evidence against you, your criminal defense attorney may assert that the inconsistencies, contradictions, or weaknesses of the prosecutor’s evidence make it insufficient to support domestic violence charges. If the prosecutor’s witnesses prove unreliable or lack credibility, exposing such weaknesses can be an effective defense strategy.  
  • Lack of injury – Your attorney may attack the accuser’s alleged evidence of their injuries. This may be done through medical records or expert testimony of a doctor, depending on the nature of the accuser’s purported injuries. For example, a person’s medical history may demonstrate a prior history of bruising or injuries to the same area of the body they say you harmed.  

Identifying False or Exaggerated Claims

Unfortunately, false or exaggerated claims of domestic violence are not unusual. Your criminal defense attorney may offer evidence that the accuser’s allegations of domestic violence against you are unfounded. Often, false claims are motivated by an attempt to impact custody disputes. By investigating the accuser’s background and analyzing the potential for motives, they may identify and demonstrate that the domestic violence claims are false or inflated. Through key witnesses, your attorney may demonstrate the claim is false by offering contradictory evidence.  

Building a Strong Defense Strategy

Your attorney will carefully evaluate the circumstances of the domestic violence allegations to build a unique defense strategy tailored to your case. The strength of your legal defenses will depend on the availability of evidence, including witness testimony, medical records, and other pertinent documentation. 

Your attorney will review the allegations against you and conduct a thorough investigation to develop your strongest defenses. We will determine whether there are weaknesses in the case and which defenses apply and could be most advantageous. We will prepare a robust case to reach the best outcome possible. Working with a knowledgeable criminal defense attorney with experience handling domestic violence cases is crucial to presenting a strong case to combat the allegations. 

Contact an El Paso Criminal Defense Attorney

At Benjamin Law Firm, we understand you may feel isolated and alone when accused of domestic violence. Rest assured that your criminal defense attorney will advocate for you as we seek a fair and just resolution to your case. Call us today for a confidential consultation to learn how we can help you during this challenging time. 

About the Author
Brock Benjamin is board-certified in Criminal Law by the Texas Board of Legal Specialization.  His practice is primarily state and federal criminal law and appeals.Brock 

Posted in: Domestic Violence