Domestic Violence Defenses

Skilled Birmingham Criminal Defense Attorney Taking a Practical and Effective Approach to Defending Against DV Crimes

Defending against allegations of domestic violence can be tricky, given the unique considerations these cases present. Often, the conduct alleged in DV cases is alarming, and there may even be injuries to substantiate some version of the alleged victim’s story. At the same time, these claims are often made in the heat of the moment and without regard to the impact they will have on your life. So, it is common for the police to hear an entirely one-sided and exaggerated version of the facts. As a result, it’s equally common to face extremely serious charges that could land you in jail for years.

At the Stoves Law Firm, P.C., we recognize it’s extremely frustrating to face allegations of domestic violence. And, over the course of the last two decades, we’ve come to learn that few reports of domestic violence happened the way the victim initially claimed. People tend to create elaborate stories that they can’t prove, usually because they didn’t happen or, if they did happen, there is more to the story. Attorney Jason Stoves is highly skilled at creating compelling domestic violence defenses designed to minimize the impact that your case has on the rest of your life.

What Are the Best Defenses to Domestic Violence Cases?

When discussing domestic violence defenses, it’s important to note that every case is unique, and not every defense will apply in every case. However, when you work with our Birmingham domestic violence defense lawyer, you can rest assured that you will have a compelling defense specifically designed to maximize the chances of dismissal or an acquittal. Below are some of the most common domestic violence offenses:

Self-Defense

In Alabama, if you’re accused of domestic violence, claiming self-defense can be a strong defense, especially if there’s evidence you were protecting yourself from harm. This defense applies when the force you used to protect yourself was necessary to prevent injury or death. However, the force used must have been proportional to the threat you faced. Documentation like medical records or witness testimonies supporting your claim can strengthen this defense.

Example: You and your partner get into a fight, and both end up in the hospital. However, you have lacerations on your forearms, suggesting that you were defending yourself from a domestic assault by someone using a knife.

False Accusations

Sometimes, domestic violence claims are made out of spite, jealousy, or during contentious divorce proceedings. If you’re falsely accused, gathering evidence to challenge the credibility of the accuser is crucial. This could include text messages, emails, or witness statements that contradict the accuser’s version of events. This evidence can also be used to show that the alleged victim had a motive to fabricate or exaggerate what happened.

Example: Your girlfriend accuses you of harassment. However, you have text messages from her in which she told you that she will make a false report unless you stop speaking with your ex-girlfriend.

Lack of Proof

The burden of proof is on the prosecution in Alabama to establish beyond a reasonable doubt that you committed an act of domestic violence. If the evidence is weak, inconsistent, or lacks corroboration, it can be a complete defense. Highlighting inconsistencies in the accuser’s story, the lack of physical evidence, or unreliable witness testimonies can create reasonable doubt, leading to an acquittal.

Example: Your partner accuses you of assaulting them; however, they present no medical records or photographs substantiating their story.

Alibi

An alibi defense involves proving that you were elsewhere at the time the alleged incident occurred, making it impossible for you to have committed the act. Evidence such as surveillance footage, GPS data, or witness testimonies confirming your whereabouts can substantiate your alibi and exonerate you from the charges.

Example: Your spouse accuses you of coming home from work and physically abusing your children. However, you have airline tickets showing that you were out of town at the time of the alleged assault.

These are just a few of the most common DV defenses; there are many more. Our Birmingham criminal defense lawyer is immediately available to meet with you to discuss your case and help you determine which defense may fit your case the best.

Have You Been Charged with a Domestic Violence Crime?

If you were recently arrested and charged with a crime of domestic violence, hoping the alleged victim doesn’t come to court isn’t a defense. While the allegations against you may be a far cry from the trust, it is essential that you come to court prepared for a fight. At the Stoves Law Firm, P.C., we have extensive experience defending clients charged with assault, stalking, harassment, witness intimidation and other domestic violence offenses, and we know what it takes to secure the best possible result in your case. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.