Three Common Defenses In Domestic Abuse Cases

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Domestic violence is taken very seriously by prosecutors in Ouachita Parish, and throughout the state. This offense can result in a felony conviction, which could result in prison time and prevent the person from owning firearms. If you are convicted of domestic abuse, your future employment prospects could be negatively impacted. Few employers today want workers with violent histories in the workplace. Below, our Ouachita Parish violent crime lawyer explains the three common defenses used in these cases.

What is Domestic Violence in Ouachita Parish?

Domestic violence in Ouachita Parish, and throughout Louisiana, is known as domestic abuse battery. The legal statute pertaining to domestic abuse battery defines the act as any abuse or violence that takes place in a domestic setting. Essentially, domestic violence in the state occurs when any family or household member acts violently or abusively to any other family or household member.

Family and household members are typically defined as anyone who lives, or who has lived, in the same home as the offender. Family members and household members can also include individuals involved, or who were involved, in a romantic relationship with the offender.

Common Defenses in Domestic Abuse Battery Cases

There are many methods used when constructing a defense against domestic abuse battery charges. The defenses used vary depending on the facts of a specific case, but the most common include:

  • Lack of intent: In order to commit domestic abuse battery, a person must have intent to inflict force or bodily harm. For example, if one member of a household accidentally bumped into another, causing the person to fall and sustain injury, that could not be considered domestic abuse battery because the person did not have intent to harm or inflict force.
  • Self-defense: Sometimes, one member of a household may actually initiate violence, forcing another household member to physically defend themselves. It is not uncommon for perpetrators to then turn around and blame the other person. No one can be convicted of domestic abuse battery if they were trying to protect themselves, or another family or household member, from suffering harm.
  • Not a family or household member: Domestic abuse battery only defines violence against another member of the family or household. If a person does intentionally inflict harm or violence against another person, but they are not in the same family or household, that can provide a defense to domestic violence charges. It is important to note that in these situations, a person may face regular battery charges, but the penalties associated with those charges are generally less severe than those connected with domestic abuse battery.

Our Violent Crime Lawyer in Ouachita Parish Can Assist with Your Case

If you have been charged with domestic abuse battery, our Ouachita Parish violent crime lawyer at Whiddon Criminal Defense can provide the sound legal advice you need. Call us today at 318-594-3592 or contact us online to schedule a free review of your case and to learn more about how we can help with your defense.

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