Month: September 2019

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How to Defend Against Battery Allegation

September 5, 2019 | law and legal | No Comments

When an individual files a complain of domestic violence, he or she first need to file a basic battery charge against the offender. This charge will also be considered as one of the allegation under domestic violence. The domestic violence allegation though considered similar to that of other offenses related to physical abuse, but the charges declared are quite severe in nature. An individual who is facing such serious allegation need to understand these legal charges first.

Domestic Violence Charge; in Detail:-

Domestic violence accusation starts with a physical violence. Only verbal violence will not be considered seriously by the law. The allegation must include evidence related to assault like physical abuse which has caused harm to the victim. If the victim doesn’t suffer from any kind of physical pain, the charges will not be considered.

Along with this, the victim also needs to prove that there is a domestic relationship between him or her and the offender. The meaning of this ‘domestic relationship’ differs from one State to another. In some states, domestic relationship is considered if both the offender and the victim belong to the same family or shares marital relationship. For instance, spouse, children and even elderly people living in the same home with the offender. On the other hand, the state has expanded the meaning of ‘domestic violence’. This includes the individual with whom the victim is dating at present or used to date in the past.

However, in all these situations that defendant does have the right to fight against the allegation.

Defense Action that the Defendant can Adopt:-

The criminal law of the United States does have the right to fight against the accusation. However, this right depends on the degree of assault that the victim has received. A situation may arise where the victim is unable to provide any evidence to prove that fact that he or she has gone through physical violence. Such action can turn out to be an effective defensive element to utilize during the court proceeding by the defendant. On the other hand, the victim might turn out with injuries during the court proceedings. Hence he or she may claim that the injuries has been caused by the offender. In such situation, the defendant need to take strong defensive action to fight the accusation. However , to take such step, it is always advisable to appoint a defense lawyer. In Las Vegas, domestic violence lawyers are quite experienced in domestic violence cases as a defense lawyer. Taking their help will turn out to be beneficial for the offender.