Facing a domestic violence charge can be daunting, but there are legal defenses you can use to challenge the accusation. Leveraging the right defense can help you avoid serious consequences like jail time, fines or restraining orders.
If you are facing accusations of domestic violence, your first priority is to learn the common ways to fight the charges against you.
Self-defense
Asserting self-defense is one of the most common methods of contesting a domestic violence charge. If you were protecting yourself from harm during the incident, you can argue that your actions were necessary to prevent injury. Under Texas law, you have the right to defend yourself if you are in immediate danger. If possible, present evidence of injuries, threats or other actions that made you feel as though you were in legitimate danger.
False allegations
Sometimes, people make false claims of domestic violence due to personal motives. The accusations against you might stem from revenge, jealousy or an attempt to gain an advantage in a divorce or custody case. Be prepared to gather evidence that contradicts the accuser’s story. This might include witness testimony and text messages that can help establish that the accusations are not credible.
Lack of evidence
In Texas, the prosecution must prove beyond a reasonable doubt that domestic violence occurred. If there is insufficient evidence to support the charge, you can petition for the dismissal of your case. For example, if there are no physical injuries, no witnesses or no clear proof of violence, the defense may argue that the prosecution cannot meet its burden of proof.
Mutual combat
In some cases, both parties may have sought a fight or altercation. If this was the case, you may argue that the incident involved mutual combat rather than one-sided violence. This defense aims to prove that both individuals contributed to the conflict, rather than the defendant being solely responsible for the violence.
There are several viable defenses against domestic violence charges in Texas. available. Choosing the right path to justice requires carefully examining your own situation so you can make the best, most informed decision about your defense.