Are There Defenses to Domestic Violence Charges?

 Posted on March 12, 2025 in Criminal Defense

While domestic violence across the United States is a sad reality, the increased focus on these cases can sometimes result in a person who did nothing wrong being charged with the offense. To avoid having a victim of domestic violence be seriously hurt or killed, police officers must err on the side of caution when called to a scene where domestic violence is being alleged by one party.  

Since a domestic violence conviction can bring serious legal penalties as well as long-term consequences, it is important that those charged with the crime seek immediate legal help. When you have an experienced Anne Arundel County, MD domestic violence attorney by your side, the outcome of your charges is likely to be much more positive.   

If Police Are Unsure Which Party Committed the Domestic Violence, is the Man Always Arrested?

Sometimes, police officers will arrest multiple parties at the scene of suspected domestic violence, but they are "encouraged" to determine which party was the primary aggressor. This means that even if both parties were fully involved in the altercation, it is likely that only one will be handcuffed and taken to jail. When deciding which party was the primary aggressor, police officers will look at the following:

• The injuries both people sustained
• Whether there are any existing protective orders in place
• Whether one party seems particularly fearful of the other person
• If either party has a criminal history, particularly domestic violence charges
• The perceived credibility of each party
•  If there were children present, whether they were harmed in any way
• Statements by witnesses to the altercation
• Any other facts relative to the situation

Domestic violence cases often contain a significant amount of conflicting evidence, making it difficult to identify the primary aggressor. The situation does not get any easier for prosecutors as the case goes through the criminal justice system.

How Often Are Domestic Violence Charges Made Up?

Every allegation of domestic violence must be taken seriously, but there are instances when one party makes up the charges as a means of getting the upper hand or getting revenge. In fact, some studies have found that potentially one-fourth of all domestic violence allegations may be less than truthful.  If there is a divorce in progress or a child custody case is coming up, a domestic violence charge can ensure the other party receives a more favorable divorce settlement or a more favorable custody arrangement.  

What Are the Most Common Defenses to Domestic Violence Charges?

Since a criminal conviction for domestic violence can be very serious, affecting not only the defendant’s immediate future but bringing long-term issues as well, it is important that the person charged with this offense receive a vigorous defense. While a defense will be specifically tailored to the individual situation, some of the more common defenses to domestic violence charges include:

• Self-defense can be used as a defense if the accused is protecting himself or herself from physical harm and can show that only a reasonable amount of force was used.
• Defense of others can be used as a defense if the accused is protecting another person from physical harm.
• False allegations can occur for many reasons, and the attorney of the accused will need to be able to place doubt on the credibility of the accuser.
• The rights of the accused were violated because of a warrantless search, no Miranda warning, or denial of the right to an attorney.  
• There was no intent to commit harm; the injury was an accident.
•  Mutual combat occurred, meaning both parties were equally responsible for the altercation.

Contact a Montgomery County, MD Domestic Violence Attorney

If you’ve been charged with domestic violence, you need a Rockville, MD domestic violence lawyer from Law Offices of Mallon Snyder. We have 45-plus years of legal experience and help our clients with every aspect of a trial, including trial prep, personal coaching, and how to dress. We will fight aggressively for your freedom. Call 301-762-7500 to schedule your free consultation. Habla Espanol.