What Defenses are Available to Domestic Violence Charges

Domestic violence cases can be incredibly complex and emotionally charged. If you are facing domestic violence charges, it is important to understand the available defenses and how they can impact your case. In this blog post, we will explore some of the defense options you may have and why hiring a skilled attorney is crucial to protecting your rights.

What is Domestic Violence?

Before discussing the defenses, it is important to have a clear understanding of what domestic violence entails. Domestic violence refers to abusive behavior, both physical and emotional, within a domestic or family relationship. This can include violence or threats of violence against a:

• Spouse
• Partner
• Child
• Roommate
• Parent
• Other family member

What are the Penalties for Domestic Violence?

The penalties for domestic violence vary depending on the circumstances and the severity of the offense. In Wisconsin, the penalties can range from fines and probation to imprisonment. Additionally, a conviction can have long-lasting consequences, including damage to your reputation, loss of certain rights, and difficulties in finding employment.

An Attorney Can Often Raise Legal Defenses

When facing domestic violence charges, it is vital to have an experienced attorney representing you. A lawyer can often effectively raise legal defenses on your behalf. Here are some common defenses that may be applicable to your case:

Self-Defense

Self-defense is a defense strategy that argues that you acted in accordance with the law to protect yourself or others from imminent harm. If it can be proven that you reasonably believed that you were in danger and used necessary force to defend yourself, this defense can be effective.

False Accusations

Domestic violence cases are often he-said, she-said scenarios, making false accusations a potential defense strategy. Your attorney will thoroughly investigate the circumstances surrounding the alleged incident, looking for inconsistencies or motives for false accusations. They will gather evidence, such as text messages, emails, and witness testimonies, to support your defense.

Lack of Evidence

In any criminal case, the burden of proof lies with the prosecution. If there is insufficient evidence to support the domestic violence charges against you, your attorney can argue for a dismissal or to have the charges reduced.

Violation of Constitutional Rights

Law enforcement must follow strict protocols when investigating domestic violence cases. If your constitutional rights were violated during the arrest, questioning, or gathering of evidence, this can be used as a defense in court. Your attorney will closely examine the actions of law enforcement to identify any violations.

Expert Witness Testimonials

In some cases, expert witnesses can provide valuable testimony to support your defense. These experts may include psychologists, forensic experts, or medical professionals who can provide insight into the alleged incident or the mental state of the individuals involved.

It is important to note that every case is unique, and the defense strategy will depend on the specific circumstances. This is why having a seasoned attorney who specializes in criminal defense is crucial. They can assess the details of your case and create a tailored defense strategy to give you the best possible outcome.

Call an Eau Claire Criminal Defense Attorney



If you are facing domestic violence charges in the area of Eau Claire, it is vital to seek the assistance of a skilled criminal defense attorney. Cohen Law Offices is a team of trial lawyers who are always prepared to take a case to trial. With their advanced preparation approach and deep knowledge of the legal system, they can provide the guidance and support you need in navigating through this challenging time.

To learn more about how Cohen Law Offices can help you, contact us today at 715-382-9447 or contact us online to schedule a consultation. Don't face domestic violence charges alone – let the experienced lawyers at Cohen Law Offices fight for your rights and advocate for the best possible outcome.