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Domestic Violence Defenses: What to Do if You’re Being Accused of Physically Abusing Your Spouse?

Okabe & Haushalter Mar 8, 2018 Domestic Violence

Courts have gotten a lot busier since October 2017. Particularly, since hundreds of famous women have risen to confront their abusers, harassers, gropers, rapists and predators.

The careers and lives of many influential men in America have been destroyed over the past few months. Some have been wrongfully accused of sexual harassment, sexual abuse, and other wrongdoings. Others, meanwhile, got exactly what they deserved for their wrongful actions.

Over the past few months, our Los Angeles domestic violence defense attorneys at the Okabe & Haushalter law firm have handled hundreds of cases of domestic abuse all across California. And we helped the accused, who in most cases are men, fight back by either proving their innocence or reducing the severity of charges and penalties.

ACCUSED doesn’t mean GUILTY

Believe it or not, not all of the accused are guilty of domestic violence just because they are being accused of it. And our best domestic abuse lawyers in Los Angeles helped the accused avoid domestic violence charges and repair a bad reputation. You see, many men who are being accused of domestic violence are actually law-abiding citizens who face false – and sometimes even brutal – domestic abuse allegations just because their spouse or partner wants to benefit from their significant other finding himself/herself in trouble with the law.

While seeking the immediate legal help of an attorney after you’ve been accused of domestic violence is critical, our lawyers at the Okabe & Haushalter law firm have outlined what types of defenses you can pursue when facing domestic violence charges.

Domestic violence defenses

Even though California is known for its rather strict domestic violence laws against the accused, there are quite a few defenses you can raise to prove your innocence or avoid a severe punishment in a domestic violence conviction:

  • If you did not, for a fact, physically abused or battered your spouse or partner, there is a high chance that you can prove that no crime occurred. For that, you should consult a Los Angeles domestic violence defense attorney on how factual defenses can help in your particular case.
  • If the act of domestic abuse did occur, you may reduce the severity of charges by proving that you acted out of self-defense. However, if you’re a man facing domestic violence accusations from a woman, you may have a hard time proving that you had a legitimate reason to be concerned for your safety unless you’re legally represented by a professional.
  • If you have children, you can also prove that you had to commit the domestic abuse act in order to protect your child. More often than not, this is the defenses brought by women who are being accused of domestic violence. Men, meanwhile, can prove that it was necessary to take physical action in order to protect their child, too.
  • Prove that your actions were legally justifiable. It may sound absurd, but there may be some legal justification for your actions.

Are there any other defenses against domestic abuse?

Another domestic violence defense to protect your record is one that is often ignored by the accused. If you can prove that the arresting officer conducted an illegal search and seizure or did not read your rights before questioning you, then the domestic abuse charged against you can be dismissed. However, it all depends on the circumstances of your case.

If your spouse or partner who is accusing you of domestic violence engages in questionable behavior or acts erratically and unreasonably during the trial or the accuser has certain charges on his/her record, including drug charges, DUI, and others, you may exploit that in court to refute their account and any evidence presented. However, this will require a tremendous amount of work and effort from your lawyers.

It’s not uncommon for the judge or juries to dismiss a domestic violence case in Los Angeles or elsewhere in California just because they suspect that the alleged victim’s testimony could be false or exaggerated.

Don’t let them find you guilty of domestic violence and ruin your life, career and reputation – speak to a Los Angeles domestic violence defense attorney to find out what’s the best defense strategy in your particular case. Call the Los Angeles offices of the Okabe & Haushalter law firm at 310-430-7799 or complete this contact form to get a free consultation.