When accused of serious criminal charges such as domestic assault, it is important to be aware of your legal rights. You are under no obligation to provide a response to your spouse or speak to law enforcement about the accusation without a lawyer present. You have the right to consult with an attorney and have one present during questioning and all legal proceedings.
If your spouse is adamant about pursuing legal action against you, you should avoid any form of contact with them whatsoever. They might be using these allegations to hurt your reputation or get back at you for something you did. Immediately start working on your defense with your attorney.
Possible defenses to domestic assault
Considering the inherently scandalous and criminal nature of these allegations, you need to be strategic and think about the events that led to such surprising accusations. Here are possible defenses to these unfair charges:
- Self-defense or defense of others: The use of force was necessary to protect yourself or another person from immediate harm. If you were acting in self-defense, you should have reasonably believed that you or someone else was in imminent danger of bodily harm, and you used reasonable force to protect yourself or others.
- Lack of intent: If you accidentally pushed your spouse while trying to move them out of the way, this could be considered a valid defense. Accidental or incidental contact that does not come from a deliberate action is not a criminal offense.
- False accusation: Unfortunately, false accusations of domestic assault are all too common. If you believe that your spouse has made false accusations against you, you must not confront them. Consult with a lawyer to determine the best course of action. Look for evidence suggesting the allegations are unfounded or motivated by ulterior motives.
- Insufficient evidence: The burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. If evidence is lacking or too weak, it may not meet the legal standard required for a conviction.
Remember, every case is different, and the legal strategies that might be relevant to one situation may not apply to another.
Responding to domestic assault accusations from a spouse is a serious matter that requires a thoughtful and informed approach. Your spouse can use what you say or do to help their case, so more than anything else, protect yourself first and distance yourself from your accuser.
