A Guide to the Defense of Domestic Violence Cases

Crimes of domestic violence are typically characterized by threats and physical abuse among people in a close social or familial relationship. In this guide, readers and potential clients can learn more about the most common issues in domestic violence cases.

Domestic Violence: What Is It?

In most places, domestic violence is an all-encompassing term for threats or violent acts occurring between those in dating, marital, or cohabiting relationships. While the most serious cases involve men attacking women, anyone can become a victim. Many jurisdictions define it as a separate offense, and prosecutors often request harsh sentences. Identifying domestic violence offenses can allow a judge to order an abuser to get counseling or other forms of therapy.

Special Challenges for Prosecutors

Prosecutors face two major problems when handling domestic violence cases. Victims are sometimes reluctant to make a report, due to a fear of further violence or financial losses. Another difficulty is when an attack is reported, a victim may refuse to testify in court. A defendant and his or her criminal defense attorney have a right to cross-examine an accuser, and prosecutors usually can’t offer a victim’s statements in lieu of their testimony.

Self-Defense

In many cases, a domestic violence case involves mutual combat, where both parties abuse one another. Officers typically make arrests based on whom they believe is the primary aggressor. While many believe that a visit to the site of an alleged disturbance mandates an arrest, that’s not always the case; probable cause triggers an arrest, not the reporting of the incident. An attorney can defend a case where a person is charged with assault although they were acting in self-defense.

Rules to Help Convict Offenders

Some jurisdictions have specific rules for domestic violence offenses. One of these rules allows a prosecutor to introduce evidence that a person has committed domestic violence in the past; this is a major exception to the rule that prosecutors can’t use a person’s criminal history as evidence.

Help for Victims

Many cities have hotlines for domestic violence victims, and they can go to court to ask for a protective order that prohibits the abuser from coming near them. If an abuser violates such an order, they can be arrested. Because many victims call 911 for help, it may be beneficial to consider that statements made to dispatchers can be used in court.

Talk to a Defense Lawyer Today

If someone is accused of an act of domestic violence, they should consult a Tulsa criminal attorney right away. Oklahoma’s laws on domestic violence are complex, but a knowledgeable lawyer can explain them and serve as a client’s advocate.