Domestic Violence Defense Strategies

Last Modified: April 14, 2025
Domestic Violence Defense Strategies

At Perlman & Cohen Los Angeles Criminal Lawyers, our domestic violence defense attorney helps people facing domestic violence charges. False accusations can quickly turn your life upside down, disrupting everything. They can turn everything upside down. Our criminal defense lawyers fight to protect your rights. We specialize in cases involving domestic violence allegations.

Understanding Domestic Violence Laws in California

Before building an effective defense, you need to know what you're up against. California takes domestic violence crimes very seriously. The law sets strict penalties for those found guilty.

Let's break down these laws and how they might affect your defense options.

Legal Definitions of Domestic Violence

Under California law, domestic violence means abuse against an intimate partner. This includes:

  • Spouses and former spouses.
  • People who live together.
  • Dating relationships.
  • Parents who share a child.

The law covers more than just physical harm. It also includes threats, harassment, and emotional abuse, too. Common charges include:

The district attorney must prove different elements of each charge. They must show that the alleged incident happened within a domestic relationship as defined by law.

Criminal vs. Civil Domestic Violence Cases

Domestic violence can lead to both criminal and civil cases. In criminal cases, the state files charges against you. You could face prison time, fines, and mandatory treatment if convicted.

Civil cases often involve restraining orders. These can keep you from your home, limit contact with your children, and affect child custody disputes. What happens in your criminal case affects civil matters, too. A domestic violence conviction may hurt your chances in family court when deciding custody.

Common Defenses for Domestic Violence Charges

Common Defenses for Domestic Violence Charges

When facing domestic violence allegations, the right defense strategy can change your case outcome. Our defense attorneys look at every detail to build the best approach.

Each case is unique. We study the physical evidence, the alleged victim's claims, witness testimony, and your story to create a defense for your specific situation. Here are common defenses we use.

Challenging False Allegations

False accusations happen more often than most people think. They often come up during the following:

  • Divorce proceedings.
  • Child custody battles.
  • Situations where someone wants revenge.

We expose false allegations by gathering evidence that contradicts the accuser's story.

This might include:

  • Text messages showing a friendly relationship after the alleged incident.
  • Social media interactions that don't match claims of fear or abuse.
  • Witness statements from people who saw you elsewhere.
  • Surveillance footage that disproves the claims.
  • Inconsistencies in the alleged victim's statements.

Establishing Self-Defense Claims

Sometimes, what looks like domestic violence is actually self-defense. California self-defense laws protect you if you reasonably believe you are in danger of bodily harm. This works well when you are actually protecting yourself from someone who later claims to be the victim.

To prove self-defense, we show:

  • You believed you faced an immediate threat.
  • Your belief was reasonable.
  • You used only necessary force to defend yourself.

Witness testimony, physical evidence showing defensive wounds, and past patterns of behavior can support a self-defense argument.

Proving Lack of Evidence or Accident

Not all injuries happen on purpose. An accidental fall, a door closing at the wrong time, or a misunderstood action can cause injuries that look like abuse. Without proof of intent to cause harm, many domestic violence charges can't stand.

We examine physical evidence and medical records to show when accidents have been mistaken for intentional acts. When the alleged victim's story doesn't match the evidence, we can often beat the charges.

Evidence in Domestic Violence Cases

Evidence makes or breaks a domestic violence defense. The right proof can lead to the dismissal of your charges. At Perlman & Cohen, we search for every piece of evidence that might help your case.

Strong cases need solid evidence collected early and preserved carefully. Let's look at key types of evidence.

Importance of Gathering Evidence Early

When facing domestic violence accusations, act fast. Physical evidence can disappear, and memories fade quickly. That's why we stress immediate action.

We tell clients to document everything right away:

  • Photos of any injuries you received.
  • Names of potential witnesses who saw what really happened.
  • All communication with the alleged victim.
  • Medical records that might contradict the claims.

Early evidence creates a strong foundation for your defense.

Using Digital Evidence in Your Defense

In today's digital world, electronic proof plays a crucial role in domestic violence cases. This includes:

  • Text messages showing a friendly relationship after the alleged incident.
  • Emails that contradict the accuser's timeline.
  • Social media posts telling a different story.
  • Phone records showing your location.
  • Surveillance footage from nearby places.

We work with experts to recover deleted messages or check if electronic evidence is real. This ensures we don't miss anything that could help your case.

Credibility of Witness Testimony

Witness testimony can decide a domestic violence case. This includes:

  • Statements from people who saw the incident.
  • Character witnesses who know you're not violent.
  • Expert witnesses who can explain physical evidence.

We check all witness statements for consistency. When the alleged victim's story changes or doesn't match other evidence, we highlight these problems. We also prepare our witnesses to tell their truth clearly in court.

Navigating the Legal Process

Navigating the Legal Process

The legal journey through a domestic violence case involves many steps. Understanding this process can help you make better decisions.

We guide you through each stage with clear explanations. Knowing what to expect reduces stress and helps you participate in your defense.

Understanding Restraining Orders

Restraining orders often come with domestic violence allegations. These court orders can:

  • Force you from your home.
  • Prevent contact with your children.
  • Create problems in your daily life.

Temporary restraining orders come first, based only on the accuser's claims. These last until a hearing where you can tell your side. At this hearing, we challenge the basis for the order and present evidence against the claims. We often get orders modified to allow child visitation or necessary contact.

Negotiating Plea Bargains

While we prepare every case for trial, sometimes a plea deal offers the best path. This might mean:

  • Pleading to a lesser charge.
  • Avoiding jail time.
  • Getting terms that protect your job prospects.

We negotiate from strength, using our evidence to push for the most favorable terms. Our lawyers know when to accept a fair offer and when to fight on. We explain all your options clearly. This helps you decide whether to accept a plea deal or go to trial.

Alternative Resolution Options

For first-time offenders especially, alternative programs can help avoid a criminal record. These include:

  • Pre-trial diversion programs.
  • Anger management classes.
  • Substance abuse treatment.

Completing these programs can sometimes result in dismissed charges. Even for more serious cases, voluntary programs can show a commitment to change and improve outcomes.

Consequences of Domestic Violence Charges

A domestic violence conviction affects more than just your freedom. The impacts touch many aspects of your life.

Impact on Firearm Ownership Rights

Both federal and state laws ban gun ownership for those convicted of domestic violence, even misdemeanors. This ban can last forever under federal law. This affects:

  • Recreational shooters.
  • Law enforcement officers.
  • Military personnel.
  • Security professionals.

This restriction alone may cause people to lose their careers. We understand the stakes and fight hard when our clients' jobs depend on avoiding conviction.

Immigration Consequences for Non-Citizens

For non-citizens, domestic violence convictions bring serious risks. These crimes can:

  • Trigger deportation.
  • Prevent naturalization.
  • Block return to the US after travel.

We work with immigration experts to ensure our defense strategy considers these concerns. Sometimes, we fight harder for dismissals when other clients might consider a plea.

Professional Licensing Issues

Many professionals face licensing problems after domestic violence convictions. Doctors, nurses, teachers, lawyers, and others may lose their licenses, ending careers built over many years.

We help clients understand these risks and work to find solutions that protect their professional standing. This might mean seeking charges that don't trigger reporting to licensing boards.

Building a Strong Defense Case

Building a Strong Defense Case

Creating an effective defense requires strategy and experience. At Perlman & Cohen, we use our knowledge of domestic violence laws to build custom defenses for each client.

Importance of Immediate Legal Action

The moment you learn of allegations against you, call a lawyer. Early legal help prevents mistakes and preserves crucial evidence.

Never speak to law enforcement without an attorney present. Even well-meant statements can be twisted. Call us right away so we can protect your rights from the start. Early involvement lets us gather evidence while it's still available.

Developing a Customized Defense Strategy

No two domestic violence cases are the same. Your relationship history, the specific allegations, and your situation all matter in creating the right defense for you.

We start by listening to your story and asking detailed questions to understand what really happened. Then we:

  • Examine the evidence.
  • Find weaknesses in the prosecution's case.
  • Determine which defense strategies work best for you.

This might mean focusing on false allegations, self-defense claims, lack of evidence, or a mix of approaches tailored to your specific case.

Preparing for Court Proceedings

If your case goes to trial, good preparation makes all the difference. We ensure you know what to expect in court and how to present yourself effectively.

We prepare you for possible testimony and plan how to counter the prosecution's strategies. We also prepare any witnesses who will speak for you, helping them tell their stories clearly and convincingly.

Contact Our Domestic Violence Attorney for a Free Case Evaluation

Contact Our Domestic Violence Attorney for a Free Case Evaluation

If you face domestic violence charges in Los Angeles, don't wait to get legal help. At Perlman & Cohen Los Angeles Criminal Lawyers, our criminal defense attorneys bring years of experience defending against all types of domestic violence allegations.

We understand the stress you feel now. That's why we offer a free, private case evaluation to discuss your situation. Our defense team has a strong record of successful outcomes, from full dismissals to reduced charges and favorable plea agreements.

The sooner you call, the sooner we can start your defense. Contact us today at (323) 843-5955 to schedule your free consultation and protect your future.

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