When you’re accused of domestic violence, you need to defend yourself immediately. How does your attorney look at your case, though, and what makes him or her understand your situation? How can he help you defend yourself?
Your attorney is trained to help you defend your case; an attorney asks you questions to determine how much evidence the other side has. For example, he may ask how fresh were the victim’s wounds when they reported them, and did anyone see the violence take place? Is there a 911 tape that can undermine your claims, and what was the victim’s emotional state at the time of the arrest? What was your emotional state like at the time?
Your attorney may point out things like injuries you’ve suffered when defending yourself against attacks from the other party, particularly if they’re trying to say they were a victim when you were actually the person being attacked. If your story is different than the story officers have written down in a police report, your attorney will ask questions to find out why. If there is no physical evidence to support the officers’ claims, that can work to your benefit.
You have a few direct defense options, like claiming the other person is lying about being attacked. You can also claim that you weren’t the one who hurt the other person. For example, if the other party was injured by another person but claims it was you for revenge, you may be able to show you weren’t present at the scene and couldn’t have caused the injuries. Your Colorado attorney can help you plan the best defense possible.
Source: Power and Control Film, “Training Memo: How a Defense Attorney Reads a Domestic Violence-Related Report,” accessed June 16, 2016