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Domestic Violence Cases and Its Associated Laws

Handley LLC Oct. 21, 2020

In the aftermath of the COVID-19 pandemic, we saw a dramatic spike in domestic abuse claims. In Oklahoma and in other states, news agencies report that spending extra time together in the home is an important factor in the increase in cases of domestic violence during the pandemic, combined with the economic strain many couples face as a result of one or both couples being unworked.

While domestic violence is serious, a large proportion of domestic violence allegations are also widely understood to be false. It's rare to have false charges of domestic abuse, regardless of whether the law is vague or whether anyone is attempting to get into trouble. Several other factors can also challenge domestic abuse charges, and work with an experienced lawyer to develop a sound defense is vital for those who have been arrested to avoid unnecessary implications. You should appoint a criminal defense attorney who can explain every guideline and other regulations to you.

1. The Claims Are Unfounded Against You   

Again, multiple arrests of domestic abuse are attributed to misrepresentations. In most instances, when the police respond to a domestic violence report, they have the duty to arrest the accused in order to protect the victim claimed. This leads to a whole series of events and it may soon seem that you are treated as guilty until you are found to be innocent.

How do you show the claims of domestic abuse are wrong? There are various possibilities, depending on the circumstances. Witnesses may testify to the actual case, you may offer an alibi, or a claimed victim may even confess to making a text message or social media containing his or her claims. When you recruit a criminal defense attorney, you can look at all the facts to see whether the charges can be contested.

2. You Have Acted in Defense of Yourself or A Family Member

A protection against domestic force is acting in self-defense or in protection of a family member. These are called defenses of justification, so you can be found not guilty even if you attacked a family member or member of the household. You're not guilty of a crime under the law, if you have acted to protect someone (that is a child) that was at risk of serious injury or fatal injury due to abuse. These defenses often apply in cases of domestic violence, and your counsel can determine if the facts of your case are available.

3. The Accused Individual Is Not a Friend or Any Family Member

In cases involving crimes against "family or household members," Oklahoma’s Domestic Abuse Law only applies.

You may not be guilty of domestic violence if a person who accuses you of domestic violence does not live in the house or not a biological member or a sexual or intimate partner. However, it is important to carefully consider your options with the assistance of an experienced criminal defense lawyer. You could still face charges for routine assault or other violent crime.

4. Your Civil Rights Were Abused by Police

While special rules apply when the police respond to a domestic violence report, the police are still obliged to uphold the constitutional rights of alleged assailants. If you have been violated by the police (i.e. you are arrested without justification or interrogated, without reading a notice from Miranda), this could be a shield for the cases of domestic abuse.

Your lawyer will decide whether you have any basis to make a motion to dismiss the evidence against you when he investigates your case. If so, and the motion succeeds, the prosecutor's office will not be able to prove its guilt beyond reasonable doubt.

Visit Handley Law Center in Oklahoma to talk to credible lawyers and deal with different domestic violence cases with ease.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.