Defenses to Domestic Violence Charges in California

A domestic violence arrest can turn your life upside down in a matter of minutes. These cases often move fast and come with serious consequences that may affect your freedom, family, job, and future. Even if you feel the accusations are not true, the legal system will take them seriously. You may feel scared or unsure about what to do next, especially if you are facing domestic violence charges for the first time.

Summit Defense Criminal Lawyers helps people accused of domestic violence in California. Our team knows how the system works and what it takes to protect your rights. If you are asking yourself whether there are defenses against domestic violence allegations, the answer is yes.

With the right legal help, you may be able to fight the charges, clear your name, and avoid the harsh penalties that can come with a domestic violence conviction.

Understanding Domestic Violence Charges

Domestic violence charges usually involve harm or threats between people in close relationships. This includes spouses, former spouses, partners, people who live together, or family members. These cases can involve physical abuse, emotional abuse, or even financial abuse. California law allows police officers to arrest a person if they have probable cause to believe that some kind of domestic violence occurred, even without strong physical evidence or witness statements.

Some domestic violence cases are based on misunderstandings or false allegations. Sometimes, one party may use the legal system as a tool in divorce proceedings or child custody battles. Regardless of the situation, you have the right to a defense. Facing domestic violence charges does not mean you are guilty. You still have rights under the law.

Common Legal Defenses Against Domestic Violence Allegations

There are several ways to defend yourself against domestic violence charges. A good defense depends on the facts, the evidence presented, and the credibility of the alleged victim’s story. Here are some of the most common defenses that may apply:

• False accusations — In some cases, the alleged victim may lie or exaggerate what happened. False allegations may come from anger, jealousy, or a desire to get the upper hand in a family dispute.
• Lack of evidence — To convict you, the prosecution must prove guilt beyond a reasonable doubt. If there is no physical evidence, no injury, or witness testimony is weak, your lawyer may argue that there is insufficient evidence.
• Self-defense — If you acted to protect yourself from harm, that may be a valid defense. A self-defense claim works best when there is proof of imminent danger or that reasonable force was used.
• Mutual combat — If both parties were aggressive and there is no clear primary aggressor, this can raise doubts about who is truly at fault.
• Alibi or mistaken identity — If you were not at the scene or were misidentified, your lawyer can gather evidence like phone records, receipts, or witness testimony to support your defense.
• No criminal intent — If the alleged incident was an accident or a misunderstanding with no intent to cause harm, your attorney may argue there was no intent to commit a domestic violence offense.
• Reconciliation — When the parties have reconciled and the alleged victim does not wish to proceed, this can be a powerful factor in persuading the DA to drop or dismiss the case.
• Interests of justice — Even when the DA believes they have enough evidence, Summit Defense attorneys are skilled at presenting mitigating information that persuades prosecutors it is in the interests of justice not to proceed.

Each of these defenses is explained in detail below. The right strategy for your case depends on the specific facts and circumstances involved.

We have reconciled.

Although not strictly a legal defense, the fact that you have reconciled with the alleged victim can have an impact on the outcome of your case. Many cases of domestic violence are conflict between partners – either married, living together, or otherwise in a serious relationship – and in those kinds of relationships, conflict is common. At Summit Defense Attorneys, we see good, hard-working Bay Area couples every week who are over-worked and stressed out about money or their kids.

These kinds of tensions can cause tempers to flare and arguments happen – sometimes people call the police and later regret it, or sometimes neighbors hear a disturbance and call the police. But just because a report has been made to police, or someone has been arrested, does not mean that the relationship between the parties ends. Rather, once they have the chance to cool down and spend a little time apart, people are able to deal with their disagreements more calmly, and in many cases, able to sort things out privately.

But what happens if the police are involved, or charges might be filed? As we have already discussed, the authorities can arrest and file charges, even if the alleged victim does not want them to do so, or later changes their mind. This is where Summit Defense Attorneys can help – when you and your partner have reconciled, you need an attorney that is skilled in dealing with the police and the DA. We have an excellent track record of having charges dropped and cases dismissed. We are skilled at presenting cases in the best light, and will point out to the police or the DA that there would be little use in continuing with the matter when the alleged victim does not want to give evidence against their partner, and when proceeding with the case would only further damage the family.

We can communicate on your behalf, assure the authorities that your reconciliation is genuine, and fight to have charges and any restraining orders dropped, so as you and your partner can move on with your lives without the threat of criminal charges or a restraining order hanging over you.

In many cases that we defend, one of the most important things we do for our clients is to make sure that the Prosecutor has the full story. It is important to remember that the DA usually only has the police report to base their decisions on – but that is really only one part of the story, especially where a relationship is concerned. We often see cases where the couple have had a long, peaceful marriage with no history of violence. They have reconciled after the argument, and they want to continue to work on their relationship. At the time, they were dealing with some kind of extraordinary incident or stress – such as severe financial trouble, or a chronically ill child – and that contributed to the conflict. Situations like this are incredibly sympathetic because we can all imagine how hard it must be to deal with those kinds of problems. When we are able to present all of this mitigating information to the DA, we are often able to persuade them that the incident was a one-off, and that the family would be better served by the charges being withdrawn.

Self Defense

At Summit Defense Attorneys, we have seen many cases where the wrong person has been charged in a domestic violence matter. And in other cases, where there was a mutual struggle and both parties are equally guilty of aggression or making threats. Sometimes the police rush to charge the person who seems angriest when they arrive at the scene, or the person who is bigger, or who is more aggressive towards them. Sometimes the alleged victim lies, but the police believe them and charge the other person. In other cases one person has more apparent injuries than the other, or the man is initially too embarrassed to tell the police about his injuries. So, the police can never really tell the full story, and in many cases someone is charged with a crime when they were only acting to defend themselves.

If you have been unfairly charged when you were actually acting to defend yourself, or to defend someone else, you need to contact an attorney straight away. In many cases, we have been able to bring evidence of self-defense to the attention of the police or DA, which has resulted in matters being dropped at the pre-file stage. Examples of the kinds of situations where we have assisted our clients who acted in self-defense include:

• Bringing evidence of the victim’s own alcohol or drug use to the attention of the DA, which raises questions about the credibility of their statement, and bolsters our client’s case.
• Building a case that demonstrates the couple was equally involved in the incident, that is, a case of ‘mutual combat’ where they were both aggressors.
• Collecting evidence of our own client’s injuries that were not recorded by the police at the scene of the incident, calling into question the completeness of the police evidence, and also supporting our client’s claim to self-defense.
• Presenting significant mitigating evidence as to our client’s peaceful, non-violent demeanor, versus a history of aggression, bad temper, and violence on the part of the alleged victim.

In other matters, the case will go to trial – and you should have an attorney that is experienced in defending these kinds of matters to properly raise this defense for you in court.

First, the defense of self-defense needs to be raised by the defendant. Then, the court must decide whether the defendant used force against the other person in lawful self-defense, or defense of another. As set out in the Judicial Council of California Criminal Jury Instructions, the law provides that a defendant acted in lawful self-defense if:

• The defendant reasonably believed that they were in imminent danger of suffering bodily injury or of being touched unlawfully;
• The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
• The defendant used no more force than was reasonably necessary to defend against that danger.[19]

In deciding whether the defendant’s belief that they were in imminent danger was reasonable, the court must look at all of the circumstances. In domestic violence cases, a history of threats or violence – either towards the defendant, or to others – can be taken into account when assessing whether the defendant responded reasonably. Further, the law does not require defendants to retreat – they can stand their ground and defend themselves.

In the end, once the defense has been raised, the prosecution has the burden of proving beyond reasonable doubt that the defendant did not act in lawful self-defense. Otherwise, the defendant must be found not guilty of the offense.

As you can appreciate, these kinds of issues arise in domestic violence cases frequently. Consider a case involving a married couple. There have been incidents in the past where the husband has hit the wife during arguments, and she has suffered injuries such as swollen and black eyes, bruising, and cuts that has required stitches. One evening, the husband returns home drunk and starts yelling at his wife. He raises his hand to her, is pushing her around, and is threatening to “punch her head in”. The wife runs to the kitchen and the husband follows her. She grabs a bread knife and says that if he comes any closer, she’ll use it. The husband swings at her, and she defends herself with the knife, cutting his hand.

However, it is also easy to see how this is not an ‘open and shut’ case – there are certainly different ways of looking at the facts in this case, and different ways it could be decided. This is why it is imperative to have a skilled criminal defense attorney representing you when raising the issue of self-defense in your case.

Mutual Combat

Sometimes, both people involved in the alleged incident acted violently. If both parties were aggressive, and there is no clear primary aggressor, this can raise doubts. Your defense strategy may include showing that you did not start the fight and were only reacting to protect yourself.