Domestic violence is a serious crime that can lead to significant legal consequences. In New Jersey, domestic violence is defined as any act of violence or a threatened act of violence against a person who is currently or was in a romantic relationship with the defendant, or against a family or household member. Domestic violence charges can lead to jail time, fines, and a criminal record, among other things. Like any criminal charge, a defendant has the right to defend themselves against the allegations. If you are facing domestic violence charges, it is important to understand the common defenses that may be available to you.

Self-Defense

One of the most common defenses used in domestic violence cases is self-defense. If the accused can show that they were defending themselves against the victim’s physical aggression, they may be able to avoid conviction. However, the use of force must be proportional to the threat, and the accused must not have been the one who started the fight.

False Accusations

Another common defense is false accusations. In some cases, the victim may falsely accuse the defendant of domestic violence out of anger, revenge, or to gain an advantage in a custody dispute. In such cases, the accused may present evidence that disproves the victim’s allegations.

Lack of Evidence

If the defendant is charged with domestic violence, the prosecution must prove beyond a reasonable doubt that they did commit the crime. If there is a lack of evidence, the accused may be able to avoid conviction. The defense can question the truthfulness of the victim’s story or the accuracy of physical evidence like photos or medical reports.

Consent

Consent is another defense that may be used in domestic violence cases. If the victim consented to the alleged conduct, such as rough sex, the accused may be able to argue that they did not commit a crime. However, consent must be freely given, and the accused must not have used coercion or threats to obtain it.

Contact The Law Office of John B. Brennan Today For a Free Consultation About Your Domestic Violence Case in New Jersey

Domestic violence cases are complicated, and the accused person’s options for defending themselves will depend on the details of each case. If you‘ve been accused of domestic violence, it’s important to talk to an experienced criminal defense attorney who can evaluate your case and develop an effective defense strategy.

If you or a loved one has been charged with domestic violence, the Law Office of John B. Brennan can help. With over 25 years of experience, our firm has the knowledge and skill to defend against domestic violence charges. We understand the devastating consequences of a domestic violence conviction, and we will do everything we can to protect your rights and freedom. Contact us today for a free consultation.