When a Domestic Violence Allegation Doesn’t Match the Relationship Reality
Not all domestic violence charges are clear-cut. Many result from heated arguments that got out of hand or caused one or both parties to feel threatened, in danger, or vulnerable. If the police were called by a concerned neighbor or witness, that can muddy the waters even further, as the police report may contain subjective statements that don’t accurately represent the reality of the situation or your relationship. If you are facing charges for domestic abuse, it’s very important to hire an experienced defense attorney as soon as possible.
Janet Altschuler has decades of experience working as a domestic violence attorney and will thoroughly review your case. She will discuss the details with you with compassion and help you better understand what each charge means. Here are some of the reasons why the allegations against you may not seem to align with your perception of your relationship.
Discrepancies in Allegations
Domestic violence arrests typically begin with a 911 call. The person who makes that call may only have one side of the story, or may be acting on limited information. This can result in discrepancies that affect the entire outcome of your case. A neighbor or other witness may describe the situation as being more serious or complex than it really is. Your partner may exaggerate (or downplay) details due to anger or fear. If one person is under the influence or undergoing mental strain and stress, the statement they give to the police may not be entirely accurate. This can lead to inconsistent narratives, unclear accusations, or even false reports.
Subjectivity of Witnesses or Responding Officers
Witnesses are also very vulnerable to their own prejudices and biases. They only have a limited frame of reference for the situation, and don’t understand the day-to-day intricacies of your relationship. This may mean that they are reacting based on a perceived threat in the moment, which may not be a perfect representation of the actual dangers present. However, because they are the first ones providing information about the situation, the details they provide may be given undue weight.
Responding officers may also report on the situation subjectively. The way you and your partner look, behave, and answer questions can color their opinion of the situation. For instance, if you are angry, defensive, and combative, they may assume that you were the aggressor and your partner the victim. Conversely, if one person appears meek, scared, and has visible injuries, they may be seen as the victim even if they were equally involved in the dispute.
Defensive Actions and Behaviors
In an intense argument, both partners may behave on instinct. This can result in either or both parties reacting defensively or in an aggressive or violent way. This causes a chaotic and hectic situation where it’s hard to tell who was the instigator or primary aggressor. In some situations, that determination comes down to what witnesses say and what first responders see when they arrive on the scene. Whether you were initially the target of abuse and reacted by defending yourself or retaliating, or you were seen to be the one who initiated the assault or violent behavior, you could end up facing charges.
Manipulation, Gaslighting, and Emotional Abuse
Unfortunately, allegations of domestic violence can also be influenced by manipulation by one of the parties involved. Abusers may be narcissistic, controlling, and very skilled in deception. They can easily play the victim, making their partner out to be the one who is actually responsible for the situation. An abuser may also manipulate a victim into doubting their experience or sharing some of the fault, or may gaslight the victim or responding officers into thinking that the victim’s account is inaccurate or exaggerated. This is frequently the case in situations of emotional abuse or coercive control, in which a victim will not have visible injuries that clearly point to abuse.
Schedule a Consultation With a Domestic Assault Lawyer Today
The most common ways that attorneys get domestic violence charges dropped are by challenging the narrative, refuting evidence, uncovering inaccuracies, identifying constitutional violations, and pointing out improper evidence collection, handling, or testing. Janet Altschuler has the skills, experience, and knowledge needed to represent you in your domestic violence case. She will take the time needed to understand your relationship and how the conflict or dispute occurred so that she can build an aggressive legal defense. If you have been searching for a “domestic violence attorney near me in Tucson, AZ,” call now or contact us online to schedule a free initial consultation.