What guides the police when allegations of abuse are made?
Imagine this situation: Your partner abuses you on a regular basis. Finally, you’ve had enough and you use physical violence to protect yourself. However, your partner then calls the police, says that you are the one who initiated the violence and tries to have you arrested.
As you can imagine, this puts you in a very tough situation. You did harm your partner, but you only acted out of self-defense — which is what you tell the police.
How do police sort out the details and decide who was the original aggressor when there are conflicting stories and both parties are claiming they were the victim?
A few things the police and prosecutors may consider include:
- Statements from any witnesses who were there at the time the abuse occurred
- The general demeanor and statements made by each party — especially if one person seems to be particularly aggressive and the other much more fearful
- Injuries that appear defensive in nature, rather than offensive
- A history either of domestic violence (or accusations of violence) in the past of either person
- A conviction for assault or some other violent crime in either party’s past
- The fact that one person has taken out a protective order against the other person
- How serious the injuries are to both parties
- Any threats that the individuals have made, including those directed at pets or other family members
- If one person claims to be defending a third party (including claims that one party felt the need to act to protect a child or another individual present)
Domestic violence cases are often very complex. Things are not always clear to the authorities (even if they seem clear to you). Make sure you are well aware of your legal rights if you’re facing charges of domestic violence — especially if you were acting in self-defense. You may need an experienced advocate to help you.
Search for:
Recent Posts
- Motivations behind false domestic violence claims
- Can DUI charges follow you out of state?
- How to protect your mental health if accused of a crime
- Driving and drugs: What you need to know
- Can you get fired for off-duty marijuana use?
Archives
ArchivesSelect Month May 2022 (3) April 2022 (3) March 2022 (3) February 2022 (3) January 2022 (3) December 2021 (4) November 2021 (2) October 2021 (4) September 2021 (3) August 2021 (3) July 2021 (4) June 2021 (6) May 2021 (1) April 2021 (3) March 2021 (4) February 2021 (3) January 2021 (3) December 2020 (3) November 2020 (3) October 2020 (2) September 2020 (4) August 2020 (3) July 2020 (4) June 2020 (2) May 2020 (3) April 2020 (3) March 2020 (5) February 2020 (3) January 2020 (4) December 2019 (4) November 2019 (2) October 2019 (5) September 2019 (1) August 2019 (3) July 2019 (3) June 2019 (4) May 2019 (7) April 2019 (7) March 2019 (7) February 2019 (5) January 2019 (8) December 2018 (6) November 2018 (6) October 2018 (7) September 2018 (6) August 2018 (7) July 2018 (7) June 2018 (7) May 2018 (6) April 2018 (7) March 2018 (5) February 2018 (1) January 2018 (2) December 2017 (1) November 2017 (2) October 2017 (1) September 2017 (2) July 2017 (3) May 2017 (3) April 2017 (1) March 2017 (1) February 2017 (2) January 2017 (1) December 2016 (2) November 2016 (3) August 2016 (3) July 2016 (4) June 2016 (5) May 2016 (4) April 2016 (5) March 2016 (4) February 2016 (4) January 2016 (4) December 2015 (4) November 2015 (5) October 2015 (4) September 2015 (5) August 2015 (4) July 2015 (4) June 2015 (5) May 2015 (4) April 2015 (5) March 2015 (4) February 2015 (4) January 2015 (4) December 2014 (5) November 2014 (5) October 2014 (4) September 2014 (5) August 2014 (3) July 2014 (5) June 2014 (4) May 2014 (4) April 2014 (5) March 2014 (4) February 2014 (4) January 2014 (5) December 2013 (4) November 2013 (5) October 2013 (3) September 2013 (4) August 2013 (4) July 2013 (5) June 2013 (4) May 2013 (4) April 2013 (5) March 2013 (4) February 2013 (4) January 2013 (5) December 2012 (5) November 2012 (2)
