Through some recent highly-publicized pop culture events, Domestic Violence has rushed into the spotlight of American culture. While social awareness and prevention of actual incidents of domestic violence is good for us all, innocent individuals can fall prey to frivolous allegations and a witch-hunt. Prosecutors are cracking down on all individuals accused of domestic violence, and the mindset of “guilty until proven innocent” seems to be the norm.
Aaron Meyer knows that there are two sides to all too many of these stories. He has had success demonstrating truth to prosecutors and juries in numerous domestic violence cases. View case results. Often, police are called as a vehicle for revenge in the heat of the moment. In many other cases, the accuser may retract their story or refuse to press charges. These cases require quick action with an intelligent strategy. When it comes to allegations as loaded and personally destructive as domestic violence, you need a defense attorney that can dig past the initial layers of emotion and one-sided claims.
What Do Domestic Violence Allegations Involve?
Domestic violence allegations can involve any number of behaviors, some of which are listed below. This list is not exhaustive, and it’s important to note that any behavior can be considered domestic violence if it is used to control, intimidate, or coerce a partner:
- Physical abuse: Involves hitting, slapping, pushing, choking, or other violent acts.
- Verbal abuse: Name-calling, insults, and yelling are all forms of verbal abuse.
- Emotional abuse: This can involve manipulation, humiliation, or intimidation.
- Economic abuse: This can involve preventing the victim from working or controlling their finances.
- Sexual abuse: Includes any unwanted sexual contact or behavior.
Domestic Violence allegations involve much more than just the criminal charge. Typically, these cases will involve a Restraining Order, Protective Order, or Military Protective Order. You ability to go to your home, see your children, or even return to work may be compromised. If you are in military, security, or law enforcement employment, the federal “Lautenberg Amendment” and local regulations may threaten your ability to carry a weapon and continue in your job if you receive a Domestic Violence conviction.
What Are Common Defenses for Domestic Violence?
The criminal defenses for domestic violence allegations are fact-specific and case-dependent. However, some common defenses can be used in these cases:
- Self-defense: If you can show that you were acting in self-defense, you may be able to have the charges reduced or dismissed. This defense typically requires that you have a reasonable belief that you were in danger and that the force used was necessary to protect yourself.
- Defense of others: Similar to self-defense, if you can show that you were protecting someone else from harm, you may be able to have the assault charges reduced, dismissed, and keep you from being arrested. Securing testimonials from the person you were protecting is often essential to this defense.
- False allegations: This is perhaps the most common defense in domestic violence cases. If you can show that the accuser is lying, you may be able to have the charges reduced or dismissed. Evidence used to prove someone is lying includes inconsistent statements, lack of evidence, the motive to lie, or any conflicting digital communications that may exist.
These three areas are what the defense court commonly hears in a domestic violence case. Diving deep into any of these defense strategies is something that Newport Beach criminal defense lawyers like Aaron Meyer will do to protect your future.
Tips for Building a Domestic Violence Defense in Orange County, CA
If you have been charged for domestic violence, there are some steps you can take to improve your chances of a successful defense:
- Cooperate with the police and prosecutors: This may seem counterintuitive, but cooperating with the authorities can actually help your case. By cooperating, you are showing that you have nothing to hide and that you are willing to work with the authorities to resolve the situation to prevent being arrested or charged with a misdemeanor.
- Get a lawyer: A qualified criminal defense lawyer can help you build a strong defense and guide you through the legal process.
- Don’t talk to the accuser: It’s important to remember that anything you say to the accuser can be used against you in court. Avoiding communication can help protect your case.
- Gather evidence: Evidence can help support your defense and strengthen your case. Gathering evidence can include obtaining witness statements, photographs, or video footage.
- Stay calm and don’t anger the accuser: It’s important to stay calm and avoid doing anything that could further escalate the situation. This could damage your case and make it more difficult to defend yourself.
Following these tips can improve your chances of a successful defense if you are charged with domestic violence.
What Are the 3 Types of Defense Attorneys?
There are three types of defense attorneys:
- Criminal Defense: Criminal defense attorneys are focused on defending individuals accused of a crime and on demonstrating their innocence.
- Public Defense: Public defense attorneys are typically employed by the government to provide legal representation to those who cannot afford it.
- Civil Defense: Civil defense attorneys are focused on protecting the rights of individuals and ensuring they are treated fairly by the legal system.
Many defense attorneys provide overlap in representation across multiple arenas. For example, a criminal defense attorney may also provide representation in a civil suit arising from the criminal charges. However, take care to know your defense attorney’s focus and what type of representation you can expect to ensure the best background to support your case.
How Do I Choose a Defense Lawyer?
While Newport Beach domestic violence lawyers all operate under the same general principles, they can vary widely in their experience, focus, and approach. When choosing a defense lawyer, look for someone with the following qualities:
- Experience: Look for an attorney with experience in defending domestic violence cases. This is important because these cases are often complex, emotionally charged, and legally nuanced. Ask how many cases similar to yours the attorney has handled and what the outcomes were.
- Focus: Make sure the lawyer is focused on defending domestic violence cases. Many lawyers will take any case that comes their way, which can lead to a lack of focus and ultimately a worse outcome for the client.
- Approach: Make sure the lawyer has a compassionate but aggressive approach. Domestic violence cases can be emotionally trying for both the victim and the accused. The lawyer should be able to empathize while remaining relentless in their client’s defense.
- Active Listening: This is one of the most important qualities of a defense lawyer. The lawyer should be able to listen closely to the client, understand their story, and then craft a defense strategy based on the provided information. This leads to successful criminal defenses.
- Persistence: A good defense lawyer never gives up. They fight for their client no matter how long it takes or how difficult the case becomes. Persistence builds confidence in your case and in your desired outcome.
Meeting these criteria can be difficult but remember: your case is too important to trust to just anyone. Take the time to interview your prospective lawyer to find the one best suited for you and your case.
How Much Does a Good Defense Lawyer Cost?
When it comes to the cost of a defense lawyer, there is no one-size-fits-all answer. The amount an attorney charges will vary depending on their time spent with you on the case and the level at which it escalates. However, you should be prepared to pay for a good defense lawyer who will fight for your rights. Many people wrongly fall into the trap of thinking they will save money and defend themselves. In fact, representing your own defense can lead to further legal problems and fines, with a higher likelihood of a less-favorable outcome. The best way to protect yourself is to hire a quality defense lawyer.
Additionally, a quality private defense lawyer can offer more personalized attention to you and your case compared with what public defenders are able to offer. Choosing a private defense lawyer with a proven track record in domestic violence cases ensures you will have the necessary focus, experience, and expertise to handle your case appropriately, giving it the time and attention required to see it through.
Contact Aaron Meyer Law: The Best Newport Beach Criminal Defense Attorney
In a domestic violence case, you need an experienced attorney with a knack for revealing the truth of the matter. Make sure you have an aggressive advocate who will consider how every decision and strategy will affect your life. To find out how Aaron Meyer will start attacking the details of your case, build a close relationship with you, and commence the relentless fight, call us today at 949-844-6324 or fill out the form online for a free consultation.
No one should have to go through a domestic violence charge without proper legal defense. Attorney Aaron Meyer knows the ins and outs of the California criminal justice system and will work tirelessly to get you the best possible outcome in your case.