Common Defenses Used in Domestic Violence Cases

Explore the common defenses used in domestic violence cases to better understand your options if faced with such charges.

Common Defenses Used in Domestic Violence Cases

Houston makes it to the list of the biggest cities in the US. 2.3 million people in the city itself, 7.8 million in the whole metro area. You got the Theater District downtown, with the Houston Grand Opera, fancy restaurants in the Historic District, and then the ports and NASA and hospitals and all that.

But unfortunately, it’s not just skyscrapers and rockets; Houston has problems too. Family violence is one of them. Harris County always has higher rates than the rest of Texas.

If you get hit with domestic violence charges in Houston, have a good aggravated domestic assault lawyer in Houston. A good lawyer is your key to figuring out defenses, so you don’t end up losing everything over something that might not be as clear-cut as it looks.

Defenses an Attorney Might Use

These are the most common defenses they use in court:

The Charges Are False

Sometimes the person making the accusation just isn’t telling the truth. Maybe they’re mad, maybe they’re lying, maybe it’s a misunderstanding.

A lawyer will look at the evidence, check alibis, and try to show the judge or jury that what the other person said doesn’t match reality.

It Was an Accident

Not everything that happens is on purpose. Sometimes people trip, or get bumped, or things just get out of hand in a fight.

It doesn’t mean anyone meant to hurt anyone. Lawyers can point this out. They’ll dig into photos, talk to witnesses, check medical reports, basically show that it was a mistake, not someone being violent on purpose.

Self-Defense

Sometimes the person who got in trouble was actually just trying to protect themselves. Maybe they got shoved first, maybe they were scared and didn’t know what else to do.

Pushing back, blocking, or defending yourself can count as a real defense. Lawyers will gather witnesses, past patterns, even messages or records to show that the accused wasn’t the one starting the fight.

Lack of Evidence

The prosecution has to prove everything beyond a reasonable doubt. If they don’t have enough proof, no witnesses, no photos, no recordings, then good news, the lawyers can point out holes in the story. The case can be dropped, or charges reduced if the evidence is weak.

False Allegations on Purpose

Sometimes people lie to get an advantage in custody or divorce fights. Lawyers can compare statements, police reports, and witnesses to prove that the accusations were made up or exaggerated.

The Wrong Person Got Arrested

Domestic violence scenes can be messy. Two people might be yelling or hitting each other. Police don’t always know who did what first. If the accused was actually defending themselves or wasn’t the main aggressor, that’s a defense.

Procedural Errors

The law has rules. Police can’t just take things or arrest people without following the law. No Miranda warning? Evidence mishandled? Wrong address on the summons?

Lawyers can use mistakes like this to get evidence thrown out or even get the case dismissed.

Key Takeaways 

• Domestic violence charges in Houston are serious and can mess up your life.
• Sometimes people say stuff that isn’t totally true or make things sound worse than they really were.
• If cops or lawyers don’t follow the rules, that can actually help your side.
• When the proof isn’t strong, the charges might get reduced or even go away.
• Local lawyers who know Houston well can help a lot.
• Always get a good lawyer as fast as you can.