Domestic violence defense awareness also important | Minnesota ...

Our Minneapolis readers may be aware that October is Domestic Violence Awareness Month. The goal of Domestic Violence Awareness Month is obviously to get the message out so that communities and individuals recognize the warning signs and build effective support systems for individuals affected by domestic violence.

Truly, domestic violence is a real problem in our nation. Affecting nearly one in four women and one in seven men during their lifetimes, the problem knows no boundaries. But, from a defense perspective, equally important as spreading awareness about domestic violence is ensuring that those accused of this crime receive a proper defense.

The fact is that domestic violence charges often arise out of complex relationships and situations. Domestic violence charges seem to tell a clear story about what took place in a particular incident, but that story is often inaccurate, and sometimes completely false.

Police investigation of domestic violence incidents-incidentally, among the most dangerous tasks police engage in-has its limitations. Police don't always have the full story after conducting a brief initial investigation, or may not understand the full context of any physical contact that has taken place.

For those accused of domestic violence, a number of potential defenses may apply in their case. These include:

• Self-defense
• Victim provoked with threats, aggression, or violence
• Protection of a child or a vulnerable adult
• Unintentional accident

In some cases, a lack of witnesses or eye-witnesses to testify can weaken prosecution's case, as can lack of evidence conflicting or false allegations. Police also may have violated the defendant's Constitutional Rights or failed to provide Miranda warnings.

Whatever the case may be, there are a number of potential ways to build a domestic violence defense case. The aim of defense, of course, is to ensure that the defendant's rights are protected and that the best outcome is achieved.

Source: Huffington Post, "Domestic Violence: A Journey of Hope," Amy Neumann, October 16, 2012.

Source: http://www.mncriminaldefenselawyerblog.com/2012/10/domestic-violence-defense-awareness-also-important.shtml

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