Domestic Violence Defenses

Tucson Domestic Violence Defenses

In every domestic violence case, the prosecutor must prove the charges against a person beyond a reasonable doubt. There are always two sides to every “story” in a domestic violence case. Police reports never tell the whole story. Statements in police reports are always written after the fact, are seldom recorded, and are “edited” by police officers. It is important to be able to get your version of the events across to the prosecutor and the judge if your case goes to trial. Elias Damianakos is experienced in proving all Tucson domestic violence defenses such as self-defense, justification and reasonable doubt.

Those events include facts that support available defenses to domestic violence charges. There are a number of defenses available depending on the facts of the case, and the charges. Many defenses in Arizona are known as “affirmative defenses”, which means the burden is on the defendant to prove the defenses. The prosecutor then will have the burden to prove that defense does not apply.

Arizona Justification Defenses

Defenses that may be available in a domestic violence case are as follows:

  • Reasonable discipline of a child by a parent or guardian
  • Self defense
  • Defense of third person
  • Defense of premises
  • Defense of property
  • Past acts of domestic violence by the victim against the defendant
  • Defensive display of a firearm

Preparing your Defenses to Domestic Violence Charges

Preparing to defend yourself against domestic violence charges should begin early. There’s a saying in law, “it’s not what you know, it’s what you can prove.” That means its very important to gather whatever evidence you can to support your case. Some of the things you should gather if they exist are as follows:

  • police reports from past incidents relating to the victim
  • photos
  • video
  • text messages, emails, voicemails
  • social media communications, e.g., facebook
  • names and address of potential witnesses
  • any recorded statements by the victim or witnesses
  • transcripts or audio recordings of testimony in prior hearings such as order of protection hearings, or custody hearings

Tucson Domestic Violence Defense Attorney

One of the most important things to do early on is to consult with an experienced Tucson domestic violence attorney to discuss your case, your defenses, and your options. I’ve defended hundreds of domestic violence charges, and as a former prosecutor, I am aware of the prosecution “strategies” in attempting to get convictions.