The world is a complicated and stressful place, and at times, the strain of everyday living can rear its ugly head at home when people take out their frustrations on the people they love the most. Domestic violence and battery charges always taken seriously by law enforcement and can create complicated legal issues for everyone involved.
In Connecticut, domestic violence is often referred to as family violence. It is defined as an event that can take place between to family or household members that either causes physical injury or creates a level of fear that a physical injury is about to happen. While most people think that domestic violence happens between a husband and wife, the fact of the matter is that domestic violence can occur between any two members of a household, including parents, siblings, grandparents, children, and others.
Incidents of domestic violence can result in a variety of different charges ranging from battery, sexual assault or disorderly conduct, to more serious offenses such as kidnapping, attempted murder, and other similar felonies.
Domestic Violence Defenses
Defending against these kinds of charges requires an aggressive strategy with assistance from an experienced attorney. Because law enforcement errs to the side of caution, they will file charges many times even with the evidence may be circumspect or the charges are completely without merit. By doing this, they have a chance to de-escalate a situation until the truth can be ascertained.
False accusations can happen for any number of reasons including hate, malice or in cases of divorce when one parent tries to leverage their position for child custody purposes. One of the key defense strategies is to claim that a plaintiff’s motive is for revenge or that the charges are without complete merit.
In other cases, self-defense can be claimed, especially when there is a history of domestic violence attached, or it can be shown that a person was in real and imminent danger.
A lack of proof may also be employed, especially where no physical evidence is available. It then falls on a prosecutor to prove beyond a reasonable doubt that domestic violence took place.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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