Grand Rapids Domestic Violence Attorneys
Grand Rapids domestic violence attorneys can examine the circumstances surrounding false accusations of domestic violence.
Assault Within The Home
Such actions as physical or psychological assault that place a victim is placed in fear of his or her life are referred to as domestic violence, especially when the assault is against a member of the family or someone in the household. State laws vary on how they classify domestic violence as opposed to other forms of assault, with it being excluded from general assault charges in some states and included in others. Penalties for violence against a family member are usually more severe than general assault charges in states that do not hold domestic violence apart. The defendant is charged with assault first, after which the prosecution must prove a familial relationship to extend the charge to domestic violence.
What The Opposition Must Prove
There are two primary ways in which you and your Grand Rapids domestic violence lawyer can counter domestic violence charges. You must either destabilize the prosecution’s case or justify the actions you took. The prosecution must prove that:
• You committed intentional violence against a protected person. This means they must prove that a familial or household relationship exists between you and the plaintiff, and that your actions violated every aspect of the domestic violence laws in your state. If the alleged victim is a significant other, friend, or acquaintance, rather than a spouse, ex-spouse, dependent child, unborn child, or other protected person, violence against that individual is still assault. However, it does not carry the more severe domestic violence punishments.
• The alleged victim really was assaulted. The physical evidence, if any, was not self-inflicted and the charges are not faked. Evidence of criminal harassment, such as stalking, menacing, or involuntary confinement, must be present beyond reasonable doubt. This might be photographic evidence of the alleged victim being followed, texts or email messages of a threatening nature, social media posts meant to terrify or humiliate the alleged victim, or other proofs.
In a case of involuntary confinement, the prosecution must prove that the victim was kept in the house against his or her will and prevented from leaving by restraint, threats or some other form of coercion.
• The alleged assault was committed by you. That is, another individual did not attack the alleged victim and make it appear as though you did so. There must be evidence that connects you directly to the assault.
Your Actions Were Justified
In a case of domestic violence, it can sometimes be difficult to determine who assaulted who, and who acted in self-defense. You have the right to defend yourself against violence and harm from others if you are attacked. If you have been forced to protect your life or the innocent life of another, you may have justifiable reasons for resorting to violence, especially if you saw no other alternative.
Call Grand Rapids Domestic Violence Attorneys
You have been unjustly accused of a heinous crime. Engage the services of experienced, dedicated Grand Rapids domestic violence attorneys and protect yourself and your rights. Call Miel & Carr PLC at (616) 773-2945 today.