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Possible defenses to domestic violence allegations

Allegations of domestic violence are taken seriously by law enforcement, because many people die each year at the hands of a person with whom they are living.

However, many domestic violence allegations result from petty fights or are fueled by alcohol and drugs. In these situations, the person accused may be innocent. If you have found yourself in a situation where you have been wrongly accused of domestic violence, you should be aware of possible defense options in Tennessee.

Arguing that the alleged victim acted out of spite

If the alleged victim had a reason to be angry at you or had cause to spite you, he or she may have deliberately lied to achieve their goal. When a parent is accused of domestic violence, it can negatively affect their chances of gaining child custody. Therefore, accusing the other parent of domestic violence has been known to be a wrongful strategy undertaken by a person going through a child custody battle.

Accusing another person of committing the alleged abuse

If an argument arose between more than two people, mistaken identity can occur. For example, if the victim was hit, they may have made an incorrect assumption about who did it. If there were many people at the scene, they may have made a genuine mistake.

Claiming you acted out of self defense

If you had reason to believe you were in immediate danger, you might have instinctively acted to prevent becoming injured. This may have involved pushing the person away so they could not harm you. This person may then have accused you of domestic violence.

Lack of proof

A lack of proof can sometimes be enough to show that the alleged victim is not being truthful about the events that occurred. For example, they may have been unable to provide evidence of cuts and bruises after allegedly being attacked. Alternatively, they may have given an account of a timeline of events that does not add up.

You must take swift action if you have been accused of domestic violence in Tennessee. Failing to defend yourself could lead to jail time and future challenges. If convicted of domestic assault, you will permanently lose your right to own or possess firearms.

State Bar of Georgia
TBA | Tennessee Bar Association
CBA | Chattanooga Bar Association
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