Domestic violence charges – due to their very nature – can be difficult to prosecute and difficult to defend against as well. It is particularly true in cases where there is no physical violence involved. What makes domestic violence more complicated than other kinds of criminal charges? Let us take a look.
The Complexities Involved in Domestic Violence Cases
Relationship Between the Accuser and the Accused
The intimate nature of the relationship between the alleged victim and the defendant can make it more difficult for the prosecution to gather the evidence they need to obtain a conviction. There have been many cases where the alleged victims accused their partners of domestic violence and abuse in a fit of rage, only to recant their statements later. With an uncooperative accuser, the prosecution may find it more difficult to prove the domestic violence charges against the defendant beyond a reasonable doubt. That being said, it is still possible to get a conviction on domestic violence charges, depending on what other evidence was obtained.
Lack of Eyewitnesses
Moreover, a vast majority of domestic violence incidents tend to take place behind closed doors. Since there are no witnesses, it often comes down to the accuser’s word against the defendant’s word. In such a scenario, the prosecution has to rely on physical evidence like photographs and medical reports to establish the defendant’s guilt.
Non-Physical Forms of Domestic Violence
If there is no physical violence involved, things can get even more complicated, as non-physical forms of domestic violence – like coercive control – can be extremely difficult to prove. In any intimate relationship, couples tend to exhibit a certain degree of control and possessiveness over each other. At times, it can be difficult to draw a line between intense romantic love and coercion.
For instance, if a husband asks his wife to not contact or meet with a close friend of hers, the wife might claim that her husband is exercising coercive control over her. However, if the friend in question happens to be a person of questionable character with a criminal record, the husband might claim that he was only looking out for his wife and had nothing but her best interests in mind.
Unlawfully Obtained Evidence
In some cases, overenthusiastic police officers tend to bend or break rules in order to get the evidence they need. In such cases, the defense attorney’s job becomes a lot easier, as all they need to do is to file a motion in court and request the judge to exclude or dismiss the illegally obtained evidence. Once it is done, the prosecution might no longer be able to prove the domestic violence charges against the defendant.
Facing Domestic Violence Accusations? Our Criminal Defense Lawyers Can Help You!
The criminal defense lawyers at Paladin Legal Defenders have over 60 years of combined experience in defending people accused of domestic violence – as well as a number of other criminal charges. Our attorneys are in the Orange County Superior Courts on a daily basis and have familiarity with the processes and procedures of these Courts, as well as the Judges, and prosecutors.
Our team includes a former prosecutor, who has firsthand knowledge of the challenges faced by the prosecution in such cases. As a result, we can devise the right strategies to mount a vigorous defense.
When you choose Paladin Legal Defenders, you can be sure that you are represented by the best criminal defense lawyer who is committed to defending your rights and interests vigorously.
To discuss your case and find out what your options are, call us today at 714-536-9988 or contact us online and schedule a free consultation with an experienced California criminal defense lawyer from our firm.