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Common Strategies to Defend Domestic Violence Charges in NJ

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If your spouse has accused you of domestic violence, you should consider lawyering up without any further. There could be compelling evidence, but matters concerning domestic violence are not open-and-shut cases. As long as you have an experienced criminal defense attorney on your side, you always have a chance. Also, your attorney can offer advice on dealing with a restraining order in New Jersey. In this post, we are discussing common defense strategies for domestic violence cases.

  1. Self-defense. If the alleged victim was attacking you, which made you hurt or hit them in an act of self-defense, your attorney can gather evidence to prove that. The term “reasonable force” is critical for using this defense. For instance, you cannot claim that you shot the victim because they were running at you.
  2. False accusation. If the victim has malignant intentions and has accused you falsely of domestic violence, that could be a defense for your case. Your lawyer will try to prove that the other party’s evidence is not enough, or in some cases, the lawyer may even try to provide details that the injuries were self-inflicted.
  3. Wrong identification. In some cases, it may be possible to prove that you were not the person who caused the injuries suffered by the victim. Your lawyer may find evidence or witnesses who can say that you were not at the same place when the attack happened.
  4. It was an unfortunate accident. Your lawyer may have evidence to prove that the injury caused by you resulted from an accident. Forensic evidence and other details may demonstrate that you had no intention of causing harm.
  5. Police error. If the police didn’t adhere to the proper protocols during the course of the investigation or while arresting you, your lawyer could possibly use that in your defense. Each case of domestic violence is unique, and lawyers may have a different approach depending on the circumstances.
  6. Insufficient proof. Eventually, the burden of proof is on the prosecution. You are innocent until proven guilty, and therefore, if the evidence used against you is not adequate, your lawyer may argue that the charges are unreasonable.

Get a reliable attorney as soon as criminal charges are pressed against you. The more time you allow an attorney, the better they can work on your case, and it’s important to gather evidence and details without delay. An attorney can help at step every along the way.