Domestic violence charges can label you an abuser, let alone stick you with felony or misdemeanor convictions on your record, high fines, and potential jail time. Domestic incidents are often difficult on both sides because they are based on thin evidence either way, but the consequences of the police getting it wrong can also be devastating on either side.
For help with your defense, work with a lawyer. We can protect your rights, challenge evidence, seek release from restraining orders and strict bail conditions, and help you try to get your life back to normal after allegations of domestic violence.
For a free case evaluation, contact our domestic violence defense lawyers at Overson Law today at (801) 758-2287.
Problems with Evidence in Domestic Violence Cases in Orem, UT
When police are presented with allegations of domestic violence, they have a lot of leeway to arrest the alleged abuser on the spot and to take further steps to protect the alleged victim. They may even be able to take away weapons and kick the defendant out of their home, especially if the alleged victim seeks an ex parte restraining order that you cannot challenge until after the fact. In these cases, having a lawyer is incredibly important, especially since so many of the pieces of evidence used in the case can be problematic.
Defendant Might Not Testify
First, the allegations are often based on the alleged victim’s accusations alone. In these cases, there is little evidence presented from the other side – your side – about what may have happened leading up to the alleged incident, what your intent was, and whether there as any reciprocation from the defendant. It is often a bad idea to testify in your own case, and so it is difficult to even counter their evidence without exposing yourself to potential unjustified cross-examination.
Prejudicial Evidence
Without the potential of bringing in your story against the other side’s story, our challenge becomes one of putting holes in the prosecution’s core witness: the alleged victim. Their testimony must be relevant to the case, and there are rules of evidence that prevent prejudicial or unrelated information from coming in as evidence. At the same time, we may want access to evidence that would otherwise be prejudicial, and we may be able to get that access if the alleged victim’s testimony starts into that territory. For example, if the argument that allegedly ended in abuse started with a discussion of cheating, who was accusing who will go a long way toward shaping the jury’s opinion of both parties.
Objective Evidence
When the police and prosecutors introduce evidence in a “he said, she said” kind of situation, like many domestic violence cases, they need objective evidence to win their case. This often includes photos of the alleged victim’s injuries to corroborate their story. Without this evidence, they cannot usually beat the “beyond a reasonable doubt” standard they must beat to convict you.
No Witness Tampering
Lastly, note that we cannot interfere with the alleged defendant’s testimony. There is nothing that you or your domestic violence defense lawyers can do to try to convince the alleged victim not to testify, or else there could be charges for witness tampering.
Defenses Available for Domestic Violence Charges in Orem, UT
In domestic violence cases, the defenses used usually boil down to a few potential areas, though there may be more or fewer defenses available, depending on the specifics of your case:
Challenging Application of “Domestic Violence” Status
Domestic violence charges are from a specific list of charges that become “domestic violence” charges when committed against a former sexual partner, the parent of your children, an ex-spouse, or someone you live/formerly lived with. It is not correct to apply this label if the crime is not one of the listed offenses, is a lower form of one of the listed offenses, or was committed against someone who does not apply under the “cohabitant” label the statute uses.
Challenging Evidence
The evidentiary issues discussed above are not just a legal exercise; they can make or break your case. If we can prevent the prosecution from using certain evidence because it is prejudicial or violates one of the Rules of Evidence, then we can stop it from being used. For example, hearsay – statements made out of court and offered for the truth of what they say – cannot typically be used against you to prove facts. Additionally, evidence of past actions cannot be used to show you did something this time without direct evidence of it. If we can block certain evidence, we might be able to get the case thrown out entirely.
Self-Defense Claim
Many instances of domestic abuse involve a situation where both sides truly committed a crime. In many of these cases, there is no arrest; police often see a weak case and mutual issues and decline to charge either party. In some cases, they might even arrest both parties. In any case, the facts are important and could be used to either paint the alleged victim in a bad light by showing they were also responsible for domestic violence or showing that your actions were legal because they were done in self-defense.
Often, admitting that a smaller spouse/partner hit you can feel demeaning or embarrassing, but if it is the truth and it could keep you out of jail, it is worth exploring. However, self-defense is not always available as a legal defense if you started the fight, if your defense was disproportionate (e.g., you used a weapon against fists), or if your belief that you needed to defend yourself was unreasonable.
Plea Bargaining
In some cases, you may be able to “plea down” the case by pleading guilty to lesser charges. There are some restrictions on how prosecutors have to handle plea bargains in domestic violence cases, and some DA’s offices might have policies against pleading these cases down, so there are definitely potential issues with this option – if a bargain is offered at all.
Call Our Domestic Violence Defense Lawyers Today
For help with your case, contact the domestic violence defense lawyers at Overson Law by reaching out to us at (801) 758-2287.
