Under Oregon law, domestic violence is defined as abuse between spouses, persons living in the same household, and other family or household members. Several crimes may fall under the category of domestic violence including:
- Assault
- Battery
- Murder
- Harassment
- Burglary
- Menacing
If you have been accused of a domestic violence crime, it is important to come up with a solid defense strategy to potentially have your charges reduced or dismissed. Your attorney can help you gather the evidence necessary to establish one of the following defenses.
Self-defense
Many allegations of domestic violence can be refuted by proving that you acted in self-defense. However, you must prove that you only used reasonable force, or the amount of force that was necessary to protect yourself from getting injured. You will also need to show that you did not instigate the attack.
False allegations
It is no secret that allegations of domestic violence can ruin your personal life, career, and reputation, even if you are not convicted. Unfortunately, some people choose to make false allegations with the intention of ruining someone else’s life. It can be difficult to prove that allegations against you are false, but a couple of strategies may include:
- Establishing that the alleged victim did not seek medical attention or suffer injury because of the alleged incident
- Proving that the victim’s injuries were caused by someone else or something else
- Proving that you were not with the alleged victim at the time of the alleged incident
- Presenting text messages, emails, and other evidence to show that the alleged victim’s story is inaccurate
- Showing that police observations/police report contradicts the alleged victim’s story
Lack of evidence
Many domestic violence cases end up consisting of one person’s word against the other. However, if there is not enough physical evidence that a crime was committed, it will be difficult for prosecutors to prove your guilt beyond a reasonable doubt.
Allegations of domestic violence are some of the most serious an individual can face in today’s society. A criminal defense attorney can review the specifics of your case and come up with a defense strategy that can work for you.