If you have been accused of domestic violence, you may want to know how you can benefit from the legal services of a domestic violence lawyer Vancouver, BC. Defense against this kind of accusation depends on the circumstances of your case. Usually, a domestic violence accusation or claim is made after couples argue. One spouse may falsely accuse their partner of domestic violence as retaliation for a disagreement. But no matter the facts of your case, you need a reliable attorney to defend you in court. Losing your case can have you facing life-changing circumstances.
Common Defenses for Domestic Violence Cases
The following are the common legal defense that your attorney may apply to your case:
- Claiming self-defense. Self-defense can be used as a defense at trial; however, it is important to establish that the self-defense matches with the alleged victim’s initial attack. In addition, there should be no reasonable chance to escape from the threat of attack or the initial attack.
- Arguing accidental injury. To counter a domestic violence accusation, you can claim that the accuser was injured in an accident, not through an attack. You can assert that you did not recklessly inflict the injury; instead, the accuser slipped and hit their head on a tough object. Or your attorney can argue that the injury was unintentional, was a mistake, or an accident.
- Refuting a claim of choking. Domestic violence accusations that involve choking are quite serious because they can increase the charges from a misdemeanor to a felony. Also, it can result in extensive jail time. When the accuser claimed that you choked them, the prosecutor should prove you impaired breathing or blood flow as a result of choking the victim. Your lawyer can refute this claim.
What Your Attorney Can Advise You
A skilled defense lawyer can give you the advice to help support your defense. They will advise you against communicating details of your case on social media or through emails. You could admit a degree of guilty and express your anger or bitterness toward your accuser in online posts. These things could only hurt your defense at trial. Also, they will suggest that you don’t comfort your accuser either by phone or in person. Contacting the victim may only escalate hostilities and another domestic violence complaint can be filed against you. And when the prosecutor construes getting in touch with the alleged victim as obstruction of the investigation or witness tampering, this could result in you facing more charges.
