Accused of Domestic Violence? Contact Our Covington Domestic Violence Defense Attorneys

Under Kentucky law, domestic violence is defined as physical injury, stalking, assault, strangulation, sexual abuse, or the infliction of fear or imminent physical injury, sexual abuse, strangulation, or assault between family members, or an unmarried couple. Domestic violence is a very serious matter. Unfortunately, in some cases, a person is arrested by the police who might not have been the aggressor in the situation, or an individual makes false accusations of domestic violence. Having strong Covington domestic violence defense attorneys by your side following such accusations can make a huge difference in the outcome of domestic violence charges.

According to the National Coalition Against Domestic Violence, about 45.3 percent of Kentucky women and 35.5 percent of Kentucky men have experienced intimate partner physical violence in their lifetime. In 2018, domestic violence accounted for twenty percent of all violent crimes, and an abuser’s access to firearms increases the risk of intimate partner homicide by five times. Family members include spouses, grandparents, parents, children, stepchildren, or anyone living in the same household.

While domestic abuse victims are generally women, they can also include elderly family members, children, and men. There can be far-reaching repercussions for those convicted of domestic violence. Having experienced domestic violence defense attorneys from Adams Law by your side, following charges of domestic violence is the right course of action.

Covington Domestic Violence Defense Attorneys Remind Those Accused—You Have Rights

As you might imagine, charges of domestic violence tend to carry a certain social stigma. Those accused of domestic violence could find themselves being judged guilty in the court of public opinion apart from actual innocence or guilt. Victims of domestic violence have rights, but those accused of the offense also have rights. The crime charged must be able to be proven by the prosecutor.

The careful review of witness statements is crucial to defending charges of domestic violence, along with the police reports and all forensic evidence. A relatively benign argument among family members may have escalated, resulting in the police being called. Once the police show up, it is highly likely an arrest will be made. If you are the one being arrested, Adams Law can help unravel the charges, working to have the charges dropped or reduced whenever possible.

What are the Consequences of Domestic Violence Charges?

In some situations, the life of an innocent person—or one who made one simple mistake—can be damaged for a very long-time following charges of domestic violence. A conviction for domestic violence can mean you are no longer allowed to possess a firearm or ammunition, even for hunting. You could lose your job or find it difficult to obtain new employment. You could face jail or prison time, be subject to significant fines, or be placed on probation following a domestic violence conviction. You could also face other issues while your criminal domestic violence case is pending. These issues could relate to child custody, divorce, child support, or even your ability to rent an apartment.

Potential Defenses to Domestic Violence Charges

Although your specific defense will depend on the facts surrounding your arrest, there are some “typical” defenses to charges of domestic violence, including the following:

• Actual innocence—you did not commit the crime you are being accused of. Your attorney will seek to establish your whereabouts as well as a credible alibi.
• The alleged victim lied. A spouse or former partner could have fabricated the entire story out of revenge or spite. If this is the case, your attorney will have to show a clear motive for the lie, or perhaps even a history of lying.
• It was not domestic violence it was an accident. As an example, perhaps your spouse, partner, or family member claims you hit them with a wrench. Perhaps you were working on your car when the wrench slipped out of your hand, striking them on the arm. Your defense is that you had no intention of hurting the other person, and it was nothing more than an accident.
• You were defending yourself. Perhaps the alleged victim was the one striking you. To stop him or her, you gave a push, and they fell down. Self-defense is a common defense used in domestic violence charges because it is often true.
• There is reasonable doubt regarding the allegations. If the prosecutor cannot prove the alleged victim’s claims beyond a reasonable doubt, then there can be no conviction.
• There were serious investigative errors on the part of the police. Perhaps the police failed to read you your Miranda rights or denied your request for an attorney. They may have neglected to record the interrogation or continued to question you after you invoked your right to remain silent. The police may have failed to question eyewitnesses at the scene, failed to collect physical evidence, or neglected to ask you to provide your account of the events prior to your arrest (bias).

It is in your best interests to cooperate fully with your domestic violence defense attorneys. Never withhold vital information as it could cost you your freedom and your future.

Can Domestic Violence Charges Be Dropped?

In some cases, an individual may accuse a spouse or family member of domestic violence to “get even,” thinking they will have the charges dropped later. When a person is arrested for domestic violence, the case becomes that of the state, and charges are unlikely to be dropped even if the alleged victim retracts his or her statements. Even so, the prosecutor cannot force testimony out of someone, and an uncooperative “victim” can make it more difficult for prosecutors to carry their burden of proof—resulting in charges being dropped.

Charges of domestic violence may also be dropped when there is a lack of evidence. Prosecutors require more than circumstantial evidence linking the accused to the crime; if there were no witnesses and no marks on the alleged victim’s body, the domestic violence charges might be dropped. Your domestic violence defense attorneys can immediately begin investigating the case, collecting evidence that supports your story. Your attorney can also ensure you understand your right to remain silent while educating you on your options.

How the Covington Domestic Violence Defense Attorneys at Adams Law Can Help

Contact Adams Law immediately if you have been charged with domestic violence—or think you might be charged. We help those in Northern Kentucky and Southern Ohio from our Covington office and those across the entire Commonwealth of Kentucky. Because domestic violence charges are so serious, the sooner you make the call to Adams Law, the more likely you will have a positive outcome to your charges. Contact Adams Law today to speak with our highly skilled domestic violence defense attorneys.