An accusation of domestic abuse can have a permanent negative impact on your life. Being convicted of this offense can mean jail time, a fine of up to $10,000, and additional fees, such as a $100 domestic violence fee to the state of Wisconsin.
Do not assume that an accusation of domestic violence will result in a conviction of domestic violence. Many people, particularly men, believe that courts automatically rule in favor of individuals who make claims of domestic violence. This is not true. If you are accused of committing an act of domestic abuse, work with an experienced criminal defense lawyer to defend your case. Below are a few strategies that can work against an accusation of domestic abuse.
In many cases, legitimate acts of violence made in self defense are claimed to be acts of domestic abuse. If you can prove that you acted in self defense because you felt your safety was at risk, you may be able to prove the accusation to be false. Similarly, you may be able to successfully prove that you acted to defend a child or another vulnerable household member when you acted against your partner. You will need to demonstrate that you reasonably felt that your own safety or the safety of another party was in danger and that you did not provoke the other party into acting against you.
Many people enjoy consensual violence and bondage in their bedrooms. Sometimes, a conflict can provoke an individual to claim that his or her bruises, scratches, or other marks from consensual activities are actually from domestic violence at the hands of their partner. Transcripts of conversations showing consent can be used to demonstrate that the victim agreed to certain acts.
Another defense to consider using if you are facing an accusation of domestic violence is to make use of the lack of evidence connecting you to the offense. This can either be a lack of evidence showing that you were the party that caused the victim to suffer harm or a lack of evidence that he or she suffered harm at all. This defense strategy generally does not require you to divulge personal information about your relationship in the way that the other two defense strategies could. This is often the ideal defense strategy in cases involving blatantly false accusations, rather than cases of legitimate acts being taken out of context.
If you have been accused of abusing your partner, child, or another member of your household, start working on your case’s defense with an experienced criminal defense lawyer who can provide you with skilled domestic abuse defense in Appleton. A domestic violence conviction can not only have criminal penalties, it can hurt your social reputation and impact your rights to your children. Contact our team of Appleton criminal defense attorneys at Hammett, Bellin & Oswald, LLC today to set up your free consultation with us.