Common Defenses in Domestic Violence Cases

A domestic violence accusation can cause distress, and if charges are filed, it can result in life-altering consequences, including jail time and reputational damage. Below, we cover some common defenses in domestic violence cases that you must know if you face charges for domestic violence. These defenses should be constructed and applied by an experienced criminal defense lawyer in Belmont who understands how local courts handle such sensitive matters.

Common Defenses in Domestic Violence Cases That You Must Know

A knowledgeable attorney with years of practice successfully representing domestic violence defendants in court can help you leverage one of the following defenses in a domestic violence case:

Self-Defense or Defense of Others

You may be able to prove that your actions were carried out in self-defense. Though we often think of women as victims of domestic violence, men can also be affected by domestic violence, and both parties in a relationship marked by domestic violence can engage in mutual combat.

There were 155 victims of domestic violence-related homicide in North Carolina in 2024, 61 of whom were male victims.

If you act in defense of others, the situation may be seen similarly to a self-defense argument. For example, if a person engages in domestic violence against a spouse to protect children who are in immediate danger, the court may deem those actions justified.

False Allegations

It is important to treat domestic violence accusations seriously. However, in specific situations, for instance, a couple going through a contentious custody battle or if one party is trying to gain the upper hand during a divorce, false domestic violence accusations can be made.

Insufficient Evidence

Lack of evidence of domestic violence can also be a strong defense in a case. Each state has its own definition of domestic violence, and highlighting where the evidence fails to meet this definition can give a defendant the upper hand.

In North Carolina, for instance, domestic violence can be charged if a defendant places a person with whom they had an intimate relationship in danger of serious bodily harm. An attorney may be able to disprove that the relationship met the definition of domestic violence or that the actions of the defendant did not directly place the alleged victim in harm.

Showing that an alleged victim has not pursued a protective order can also strengthen the defense’s case. According to a 2013 article by the FBI, having an emergency protective order increased the likelihood that a domestic violence incident would be prosecuted by 85% to 89% and conviction rates by 100%.

Procedural Errors or Violations of Constitutional Rights

The criminal justice process depends on fairness and objectivity, and American citizens have a reasonable right to privacy that prevents illegal arrests or illegal search and seizure of a citizen’s property. When mistakes are made during an investigation, arrest, or trial, a defendant’s constitutional rights may be violated, which can be noted as a reasonable defense against criminal charges.

What Happens After a Domestic Violence Arrest?

Knowing what to expect following a domestic violence arrest can be critical to help you prepare a strong defense in your case and avoid mistakes that could lead to a conviction. There are a series of stages in the process:

• Booking and holding. During this stage, you are taken in by law enforcement during a domestic violence incident, and you are fingerprinted and held until your arraignment in court. You may be able to post bail if you are arrested for domestic violence.
• Negotiation and trial. If there is probable cause to proceed to trial, your attorney may attempt to negotiate a plea deal with prosecutors for a lesser charge. Otherwise, they can work to undermine the prosecutor’s case during the trial.
• Protective orders. Even if you are acquitted of domestic violence, you may be subject to a protective order (50B Order) barring you from contacting or being in proximity to the alleged domestic violence victim.

Possible Penalties for Domestic Violence Charges in North Carolina

Domestic violence is considered a serious offense in North Carolina, and there is a wide range of potential penalties for people who are convicted. Under North Carolina law, there is a specific offense known as the misdemeanor crime of domestic violence. This crime is charged as a Class A1 misdemeanor, which is the most serious level of misdemeanor.

The potential punishments for a Class A1 misdemeanor include a fine, which may be set at the discretion of the court doing the sentencing, community service or probation, or jail time. For a first-offense Class A1 misdemeanor, the maximum prison sentence is 60 days. Additional convictions may result in jail sentences of up to 75 days or 150 days.

It is important to note that other charges can come from domestic violence incidents beyond the misdemeanor crime of domestic violence. For example, if a person assaults their spouse with a weapon and causes serious bodily harm, they could be charged with assault with a deadly weapon, which could be a misdemeanor or a felony, depending on the circumstances of the crime.

Tips to Prepare a Strong Defense Against Domestic Violence Charges

Even if you believe a domestic violence accusation levied against you is baseless, or if you are facing serious domestic violence accusations, you should ensure that you follow these tips to prepare a strong defense in your case.

Gather Evidence

In any criminal proceeding, the burden of proof falls on the prosecution. This means that the prosecuting attorney must prove beyond a reasonable doubt that the accused individual is guilty of the crime in question for the accused person to be convicted. Prosecuting attorneys are required to present evidence to support their arguments.

Likewise, you can increase the chances of beating a domestic violence charge by gathering evidence to show that an accusation was false, such as having an alibi, or that the alleged victim has also engaged in violence against you. This evidence can include texts, photos, witness statements, or time-stamped records such as surveillance camera footage or timecards at your place of employment.

Obey DV Protective Orders

During legal proceedings concerning domestic violence, protective orders are often issued against accused individuals. These orders may specify that an accused person may not have any contact with the alleged victim or may stipulate that the accused person cannot come within a certain distance of the alleged victim. Violating a protective order can cause irreparable damage to your defense and potentially result in additional charges.

Hire a Domestic Violence Lawyer

If you are facing charges for domestic violence, you should hire a domestic violence lawyer at your earliest opportunity. A knowledgeable attorney can make all the difference in your case by providing valuable legal insight from the very beginning. Even if formal charges have not yet been filed against you, it is a good idea to go ahead and secure legal counsel.

An experienced lawyer can watch for any violations of your rights that law enforcement officers or prosecuting attorneys might inadvertently make. In some cases, rights violations during evidence gathering, arrest, interrogation, or any other part of the legal process may result in dismissed charges. Your lawyer can advocate for you from the moment you contact them through the conclusion of the proceedings against you, helping to protect your constitutional rights and your future.

FAQs About North Carolina Common Defenses in Domestic Violence Cases

What Makes a Strong Domestic Violence Defense Case?

What makes a strong domestic violence defense case is one with strong evidence to disprove the allegations in the case. This can include evidence showing that the accusations of domestic violence are false or providing evidence that you acted in self-defense. Each case is unique and requires a tailored defense strategy for success.

What Evidence Do I Need for a Domestic Violence Case?

Evidence supporting a domestic violence case can include texts or instant messaging communications, photographs and videos, witness statements (written or testimony), medical records, and social media posts. The evidence can be used to undermine the prosecution’s case against the defendant or to back a defendant’s own case, whether it is based on self-defense or showing the allegations were false.

What Factors Contribute to Success in a Domestic Violence Case?

There are multiple factors that can contribute to success in a domestic violence case. It is important to act swiftly if you have been arrested for domestic violence and to seek the counsel of a criminal defense attorney. It is also important to obey any protective orders and to avoid contacting the alleged victim. Analyzing strong evidence in your case can also lead to a dismissal, an acquittal, or reduced charges.

How Long Do Most Domestic Violence Cases Last?

The length of a domestic violence case can vary. Certain cases can be resolved in a matter of weeks if the defendant pleads guilty or if prosecutors are willing to negotiate. If a case goes to trial, however, the case can take months to conclude, depending on the court’s schedule and the complexity of the case.

The Right Defense Can Make the Difference in a Domestic Violence Case

While victims of domestic violence deserve to be heard and protected from an alleged perpetrator, those accused of DV also have the right to a fair trial and to combat baseless domestic violence charges. Some common defenses in domestic violence cases include proving self-defense, false accusations, and showing a lack of evidence. The specific defense pursued is determined by the facts of the case.

If you or your loved one has been charged with domestic violence, it is recommended that you consult a seasoned criminal defense attorney. When you work with The Ratchford Law Firm, you benefit from personalized attention and the compassionate representation you deserve. Contact our office today to discuss your case.