Some domestic violence situations are very cut and dry. One spouse is physically abusive toward the other. They may also exert coercive control over the household and may limit access to financial resources.
Other times, people simply have a more animated or volatile dynamic with one another. Some couples regularly get into screaming matches, while others may get physical with one another. Police officers responding to domestic violence calls, which often come from uninvolved parties, have to make snap decisions about what probably happened and who to arrest.
In some cases, they may make the wrong choice. Dual arrests in domestic violence cases are unusual. Most of the time, officers pick one person who is likely to blame for the incident. In some cases, a person arrested but didn't instigate a fight or do anything worse than another party. What happens then?
There are multiple defense options available
Frequently, prosecutors only bring charges in domestic violence cases when they feel confident that they can secure a conviction without the participation of the alleged victim. In some cases, the person who sustained injuries in a domestic violence incident outright refuses to cooperate. Many other times, they recant their statements.
Even if the other person involved in the incident did not claim that domestic violence occurred or tried to prevent the arrest, their refusal to participate does not necessarily prevent the state from charging the other party. However, their testimony about relationship dynamics and what happened prior to the arrest could play an important role in the overall defense strategy.
In some cases, prosecutors may interview both parties and may ultimately decide not to pursue charges. Even if they bring domestic violence charges, both parties and other witnesses who are familiar with their dynamic can potentially testify at a trial. Experts with insight into mental health and relationships could also help assess the situation.
Sometimes, the person arrested can prove that their actions were intended to defend themselves or were a form of reactive abuse because of protracted conflict with the other party. Other times, they may be able to establish that the situation doesn't actually meet the necessary standard of domestic violence because of the unusual dynamic between the two parties.
People arrested for domestic violence won't necessarily face charges, and those indicted still have an opportunity to exonerate themselves. Responding assertively as soon as possible after a domestic violence arrest can give people the best chance of avoiding a conviction. Particularly in cases involving mutual altercations, avoiding a conviction could be possible with the right legal strategy.
Call (904) 474-3115 today to secure the representation you need to fight for your future.