You may think that just because the cops came out and eventually arrested you for a domestic violence related charge that you may not have any defenses available.  After all, the cops came out, took statements, arrested you , and took you to jail.   The cops could not have gotten it wrong, correct?  NOTHING COULD BE FURTHER FROM THE TRUTH.  As a domestic violence defense attorney – there are many outside factors and investigative issues that will affect who is arrested and potential defenses that may be available.  This post is meant to be an informational guide to domestic violence arrests.  For more information or to review your specific case, please contact us directly at (303) 747-4686.

Not a fair and impartial investigation

Once a person calls 911, the information stated in that call is automatically transmitted to the officer BEFORE they arrive on scene.  So, if someone calls and says that a person assaulted them, the officer hears this information and is already thinking that the other party is at fault, even before they arrive. This means that when the officers say, “I’m just trying to see what happened” or get the full story, it is not true.  The officer is simply trying to build a case against the person he or she thinks is at fault – based on the first information they get.  This is before they talk to any witnesses or parties involved.

Officers often do not understand their role or mistaken belief of the law

Many officers will say that any time, regardless of the facts, if the officer responds to a domestic violence call it requires them to arrest someone. This is completely false and just shows that the officer does not understand the law and/or his or her duty in law enforcement.  Often times, the cops will actually apologize for arresting a person – but try to hide behind a statute and police policy that is not understood.  It does not mean that the prosecution will not file criminal charges against you, it means that you will be arrested, spend time in jail, and have to defend the charges.

Reporting party untruthfulness

A person who called the cops could have made up what happened or minimized his/her involvement in the fight – in order to get the other party in trouble and/or arrested. There could be many different motives for this type of behavior ranging from anger, revenge, to gaining an advantage in a custody hearing.  This is not a reason for the government to drop the case against you- even if the other person does not want to press charges.

Self-Defense

Sometimes a defense to the charges is that you acted in defense of yourself, your property, or another person.  This can be a strong defense to the charges and should not be overlooked by your attorney.  This defense can be used if your conduct was to restrain a party from harming themselves or others.

Report party or victim not desirous of prosecution

Often times, when tempers subside, the alleged victim and/or reporting party may not want criminal charges to be filed against the other person.  Even if this wish or want is communicated to the cops and/or prosecuting attorney- charges would most likely go forward.  Many government attorneys feel that any time a person is arrested for domestic violence, he/she must receive a punishment.

Any arrest or charge of domestic violence can be devastating for you and your family.  This is not the time to try and navigate the criminal justice system.  Your future and reputation can be called into question and may be at risk.  Contact a domestic violence attorney to represent you and fight for your vindication.

Thank you for visiting our post on Domestic Violence Defenses – contact us directly for more information at (303) 747-4686