Gathering evidence for your domestic violence defense

On Behalf of | Mar 6, 2024 | Criminal Defense |

A domestic violence accusation can impact almost all areas of your life. In addition to the legal penalties, being labeled a domestic abuser can have a negative effect on your career and reputation.

False accusations of domestic violence are not uncommon. There are various reasons why people falsely accuse someone else of domestic violence.

Revenge after a bad breakup or gaining an advantage in custody proceedings are some examples of why people might make a false domestic violence accusation.

However, an alleged victim must prove domestic violence. Some domestic violence cases are nothing more than “he said/she said” situations. When that happens, the judge must decide who is more believable.

Other cases involve evidence in the form of photos, texts or videos. Although it is extreme, sometimes victims falsify evidence in their quest for revenge.

Therefore, you must gather evidence to show that you did not engage in domestic violence.

Common types of evidence

Evidence can include witness statements, photos or written communications.

Witnesses who were present during the incident can testify on your behalf that you were not violent or that any of your actions were done in self-defense.

Your witnesses can also serve as alibis if you were not present during the incident. Their testimony should be detailed and credible.

You can also present evidence such as text messages, emails or social media posts.

Conversations between you and the alleged victim, such as about a breakup or custody dispute, can provide important context that shows why they might have a motive to falsely accuse you of domestic violence.

Sometimes alleged victims even admit to planning to accuse someone of domestic violence in text or other written communication.

Should you testify?

Depending on the situation, it might be better if you do not testify. You are subject to cross-examination and anything you say at a hearing could potentially be used as evidence in other court proceedings, such as custody hearings.

The stakes are high if you are accused of domestic violence. It is important to vigorously defend yourself.