Domestic Violence Charge In Alabama
If you have been accused of domestic violence, there are steps you can take to defend yourself. Unfortunately, there are far too many false domestic abuse accusations made to law enforcement. Although we are all supposed to be innocent until proven guilty, that may not seem to be the case when it comes to domestic violence or assault. These charges can be successfully defended if you know what to do.
Hire an attorney who specializes in domestic violence
If you have an attorney with experience in handling domestic violence cases like yours, you will have a better chance of mounting a successful defense. There are so many potential defenses to domestic violence and assault, but they may not apply to your specific case. So, discussing your case with an attorney who specializes in domestic violence cases is a wise move.
Was it self-defense?
Depending on the facts of your case, you may be able to prove that you acted out of self-defense or out of the need to protect a child. If it was necessary to take physical action in order to protect yourself or someone else, then it would not be considered domestic abuse.
Technical or constitutional grounds for defense
Another possible defense is based on constitutional grounds. If it can be shown that the arresting officer did not read your rights before questioning you or they conducted an illegal search and seizure of any kind, then may have grounds to have your case dismissed. Certainly, if there is evidence that the assault did not actually occur, you will have a strong defense.
Minimizing potential penalties
In some cases, the evidence may be hard to refute or explain, but if you can show that the act of abuse and violence was an isolated incident and will never become a pattern, you may be able to minimize the consequences. Everyone can lose their temper as long as it does not become a pattern. There are options for minimizing the penalties, such as agreeing to probation, anger-management counseling or some type of alternative court program.
Abide by any court orders while the charge is pending
One of the most important things you should do is abide by any orders issued by the court while your case is pending. This usually includes a “no contact” order. With more serious domestic violence charges, the court will demand that you refrain from contacting the alleged victim. Regardless of whether you may want to try to mend things or explain your side to the victim, it is critical that you refrain from doing so at all costs.
If you have questions regarding domestic violence, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233.