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While facing a charge for domestic violence can be a daunting situation. Know that you do not have to face it alone. A professional criminal defense attorney could offer you their assistance by gathering evidence, interviewing key witnesses, and making use of common Lubbock domestic violence defenses to advocate for you in court. Read on to learn more about the different types of common Lubbock domestic violence defenses. As well as the ways a dedicated lawyer could work to make a difference in your case.
Steps the Accused Can Take to Help Their Domestic Violence Case
The most important step someone can take after receiving a charge for domestic violence is to hire a skilled domestic violence attorney. This is because there will probably be restraining orders instituted at various times in the initial stages of the legal process. The best time to slow that process down is right at the beginning of the case. At this point, an attorney has time to argue their side. They can potentially stop a lot of consequences from happening. Keeping distance from the individual making the allegations will often help one’s case as well. As law enforcement will likely be keeping a close eye on all parties involved.
Self-Defense Under Texas Law
Self-defense is a common strategy used to show that the accused individual was not the aggressor. An individual has the right to defend themselves, but this can get complicated when. In the course of that defense, something happens to the other individual. That can complicate things, but generally, an individual has the right to protect their self from harm. These defenses must deal with the circumstances and what the accused understood was going on at that time. This can include what they understood the intent of the other individual to be or the fear that they felt in the moment.
The Defense of Others
Just as someone can defend themselves, they can defend others. As an example, if someone is at a park with their children and some other adult starts chasing the children. That parent can defend the children just as they could defend their self. Essentially, defense of others constitutes keeping somebody other than oneself from harm. This can also be used as a defense strategy against domestic violence.
Evidence Used in Common Lubbock Domestic Violence Defenses
Evidence used in domestic violence cases is usually based on reports from the complaining witness made to a police officer. Which can also be what witnesses saw or think they saw. This is all testimonial evidence, and the other type of evidence is known as physical evidence. Which is often seen as bodily injuries with assault. Police officers will come take photographs of the scene, which can be used alongside the physical evidence of any bodily damage.
Often, an accused individual wants to be able to show evidence that the picture of them presented by the prosecution is not true to their character. Anything that would exonerate them from the allegation will be necessary evidence, such as photographs, witnesses, and video recordings that can show that the alleged version of what happened is not accurate. Other mitigating evidence includes the accused individual’s record, any prior convictions, or a history seeing an anger management counselor.