Columbus Domestic Violence Defense Lawyers

Possible Defense Strategies in Domestic Violence Cases

The defense strategy we use will depend on the specific circumstances of each case. Some common legal defenses used in domestic violence cases include: 

• Self-defense: Arguing that the accused acted in self-defense can be a strong defense, particularly if there is evidence that the alleged victim was the aggressor. This requires demonstrating that the use of force was necessary to prevent imminent harm to oneself.
• False allegations: Providing evidence that disproves the allegations, such as alibis, witness testimonies, or electronic communications, can be very effective, and perhaps secure dismissal of the charges. 
• Lack of evidence: The prosecution must make their case beyond a reasonable doubt. Inconsistencies in the alleged victim's testimony or the absence of concrete evidence (e.g., medical records, police reports) can weaken the prosecution's case.
• Accidental harm: In some situations, the accused may argue that any harm caused was accidental and not intentional or reckless. 

Each defense strategy needs to be carefully customized to the unique facts of the case. The experienced domestic violence lawyers in our Columbus office have an in-depth knowledge of the law, how to go about investigating a case, and they are skilled at presenting a legal defense at trial. 

How to Fight a Restraining Order

Perhaps the alleged victim of domestic violence has filed a restraining order against the defendant, one that may involve preventing the defendant from seeing their children. There are several ways to go about contesting the petition for a restraining order, or to get an existing order lifted. 

We can help defendants with any of the following legal defense approaches: 

• Document your case: Collect any messages, emails, or other communication that can prove your innocence or refute the allegations. Photographs, videos, and witness statements can also help demonstrate that the claims are false or exaggerated.
• Prove lack of credibility: Does the petitioner have a history of making false allegations, or are there inconsistencies in their testimony? Demonstrating that the petitioner has previously lied or exaggerated can undermine their credibility and strengthen your defense.
• Demonstrate you are no threat: Character witnesses can testify to your peaceful nature, and employment records can show stability and responsibility. Proof of a peaceful and law-abiding lifestyle may help convince the court that restraining order is unnecessary.
• Highlight mutual consent: Document any voluntary interactions with the petitioner after the restraining order was requested or issued. Voluntary contact can suggest that the petitioner does not genuinely fear for their safety.
• Attend all hearings: Be punctual and present at all court hearings related to the restraining order. Your presence shows respect for the court process and a willingness to address the issue responsibly. 
• Follow court orders: It is crucial that you comply with the terms of the restraining order while it is in effect. Adhering strictly to the court's orders demonstrates respect for the legal process and strengthens your position when seeking modification or dismissal.

The lawyers at Funkhouser Law can work with you to file a motion to modify or dismiss the restraining order, based on these, and other reasons. It’s also possible that mediation can be a viable option for resolving disputes in a more amicable manner. 

 When you work with one of our attorneys, you get their cellphone number and 24/7 access. We don’t shy away from tough cases and hard work, and we’ll stand in your corner at this vital hour of your life. 

Call (614) 756-2154 today.