Houston is a place like any other: domestic violence, although tragic and painful, unfortunately exists and raises its head from time to time. However, part of the problem with domestic violence is that it is surrounded by many stereotypes, not to mention the fact that it is a problem manipulated by people with ulterior motives.
Houston domestic violence attorney have identified an alarming trend: some “victims” of domestic violence (note that contrary to public opinion, both men and women can be victims of domestic violence) exaggerate or even completely fabricate their stories. Such cases are more common in cases of divorce and custody battles, where the “victim” seeks to undermine the trust in his spouse in order to gain some practical benefit for himself (for example, increased custody of his children).
This does not mean that all claims of domestic violence are false or Machiavellian, but when faced with such accusations, it is important that you disclose your point of view. As abhorrent as domestic violence may be, there are situations in which it can be mitigated (less severe) or even justified (without the resulting criminal responsibility).
If a spouse / domestic partner is regularly abused by his partner and takes revenge in the heat of his life a day later to protect himself, this will be a good reason for self-defense. To determine whether a legal defense is applicable, the attorneys or attorneys involved in the case will consider the following:
- Is there any physical evidence to support the allegations of repeated abuse? Therefore, if a person claims to have broken their arm when they were pushed down the stairs, an X-ray showing the fracture should be fine.
- Were third parties involved in the marriage in this regard? Whether you are a minister, a doctor, or the police about calling the emergency services, it is important to have an objective testimony.
- Was the level of force used in self-defense fair, reasonable and proportionate? If the abusive spouse blames their partner with a raised fist and the victim then starts shooting and killing their abusive partner, this may be considered unfounded. However, if they stumbled or were otherwise prevented from escaping the attack without killing them, it would be much more palpable to the court.
When it comes to domestic violence, it is important that you trust lawyers with experience in this area of law. If you are a victim who reports abuse or face allegations of abuse, it is important that you leave the matter to the discretion of lawyers. This is because you will be too emotionally involved in the process and may end up doing something rash or impulsive that will weaken your arguments and make you lose the case.