Police officers responding to reports of domestic violence have a very difficult task. They must assess what other people report happened, deal with individuals in heightened emotional states and determine if a crime occurred.
While police officers do try to make reasonable decisions that reflect the reality of the situation and the law, sometimes they make mistakes when responding to domestic violence calls. They may arrest the wrong person, putting an innocent individual or even a victim of domestic violence at risk of criminal prosecution.
Correcting an inaccurate narrative
Police officers hear statements from people who may not know the dynamic in the home when they call for assistance. They may overhear partial conversations and see signs of injuries or property damage when they arrive.
What they notice might actually be indicative of attempts at self-defense or an emotional reaction to ongoing domestic violence. Someone accused of domestic violence could theoretically mount a defense by showing that they acted to protect themselves from the other party’s volatile conduct.
Other times, evidence of a history of domestic violence could raise questions about whether the conduct officers witnessed was actually reactive abuse. Those subject to physical and psychological torment for protracted periods may respond in an erratic manner that seems unnecessarily aggressive to those unfamiliar with their situation.
Changing the story around a domestic violence arrest can potentially protect defendants from convictions or the worst sentences possible. What police officers see when they arrive is often only a fraction of the whole story.
A criminal defense attorney can help domestic violence defendants determine what specific defense strategies could be effective. Providing more insight into relationship dynamics or the history of family disputes could play an important role in a successful domestic violence defense strategy accordingly.
