In a domestic violence case, the prosecution is required to establish your guilt beyond a reasonable doubt – just like they do in any other criminal case. What this means is that you are not required to prove that you did not injure your partner. It is up to the prosecution to prove that you injured them and are guilty of domestic violence.
Burden of Proof in a Domestic Violence Case
In order to establish your guilt, the prosecution might gather a wide range of evidence, which could include:
- Medical reports confirming the nature and extent of injuries suffered by your partner
- Your partner’s statement
- Photographs taken at the scene of the incident
- Testimonies from witnesses
- Testimonies from police officers who responded to the domestic violence call
- Text messages and emails exchanged between you and your partner that might indicate coercive control or other forms of non-physical abuse on your part
Accidents and Acts of Self-Defense
It should be noted that you cannot be convicted merely based on the fact that your partner was injured during the alleged incident. For instance, if your partner tried to throw something at you during a heated argument, lost their balance, fell down, and got injured, you cannot be held responsible for their injuries, as it was merely an accident.
Similarly, if your partner tried to attack you during the alleged incident, and you defended yourself, you cannot be held responsible for their injuries. You have a right to defend yourself.
Eyewitness Accounts Can Be Questioned
Statements or testimonies from witnesses in a domestic violence case can be subjected to intense scrutiny as well. For instance, if a witness told the police officer that they saw you hitting your partner, and then changed their statement and said that you were yelling at your partner, the veracity of their statement can be questioned by your domestic violence defense attorney.
Evidence Must Be Legally Obtained
The prosecution also has standards to meet in terms of how they obtain the evidence against you. If the evidence was obtained in violation of state or federal laws, your domestic violence defense attorney can request the court to dismiss it.
Reliability of the Accuser’s Claims
In some cases, your attorney might be able to question the veracity of your partner’s statement itself. For instance, if your partner was drunk, under the influence of drugs, or heavily medicated at the time of the alleged incident, they might not be able to recollect the incident later. Your attorney can point to the glaring inconsistencies in their statements to the police and question the reliability and credibility of their testimony.
Choose the Right Domestic Violence Defense Attorney to Fight For You
At Paladin Legal Defenders, we are committed to defending the rights and interests of individuals facing domestic violence charges in Orange County, California. We can investigate your case, scrutinize the evidence against you, and mount a robust defense against the charges you are facing.
Thanks to a first-rate legal team that includes a former police officer and a former prosecutor, we can stay a step ahead of the prosecution, attack their case at its weakest points, and achieve the best possible outcome through negotiation or trial.