Arguments and disputes between people who live together can become intense. This can lead to things said and done that both parties regret. However, there is a difference between loud and inappropriate outbursts and physical violence.
Cracking down on domestic assault is a popular and just cause. However, it should not be pursued at the expense of due process of law.
If you have been arrested on the charge of domestic violence, it may owe to the testimony of one person—who may not have even witnessed the alleged assault. You need a lawyer straightaway. Your first call after the arrest should be to a criminal defense attorney such as the ones found at Bourdon Defence.
Preserving Your Rights
Once you are in custody, it may not be possible to speak to the person you have been accused of assaulting. Indeed, the shock of the arrest may throw you into tumult and confusion. Aghast and outraged at what you have been accused of, you may feel the need to explain yourself to the authorities and try to tell them your side of the story. You must resist this impulse. You should say nothing until you have spoken to an attorney. You should instead exercise your right not to say anything that will incriminate you.
When your lawyer arrives, they will advise you on the questions you have to answer. If you are too shaken up to answer any questions, your lawyer can speak for you.
Building Your Defense
There are two ways that a domestic assault charge can go. An immediate reconciliation in which the alleged victim drops all charges, or, the pursuit of the case by the prosecution. The former may be brought about by the effort of your attorney; they may be able to bring you and your partner together to talk through what happened and put the matter behind you.
However, if things go the other way, if your partner insists on pressing charges, then you will need to build up your defense. Your lawyer will help you do so by asking you to recall the events that led to your arrest. If it is your word against that of your accuser and there is no objective evidence that you did her any harm, then you may have a good chance of having the case dismissed.
However, you should take nothing for granted. Falsely claiming abuse as a means of vengeance is not an unknown tactic. If this is happening, your attorney will find about it. Indeed, if the authorities have not done a thorough and diligent job in their investigation, your attorney will point this out in your defense. They will expose the flaws in the evidence of the prosecution and discern the flawed arguments made by it.
You should not be jailed, fined, and have your reputation sullied by a crime you did not commit.
Domestic assault is a serious offense, and it can lead to the ruin of your name and career. You must be prepared to fight for both if you are accused.
