Help for Women Accused of Domestic Violence

 Posted on December 11, 2023 in Criminal Defense

Over the last ten years or so, it has become far more common for women to get arrested for domestic violence when the police are called to a dispute. While this is a very good thing for genuine male survivors of intimate partner violence, there is a distinct problem. Many of the women who are accused of domestic assault against a male partner were defending themselves. While there are women who perpetuate violence against men, women are far more likely to be the victim of domestic violence than the offender. When the police arrive, they have no real way of knowing what transpired before they got there. Unless the entire incident was captured on a security camera - which abusers rarely allow in their homes - the police have to guess who was the dominant aggressor. If you have been accused of domestic violence, it is important to contact a Fremont, CA, criminal defense lawyer. 

Why do Police Sometimes Arrest the Wrong Person in Domestic Disputes?

Police often arrive at a scene of chaos when they are called to stop a domestic dispute. There are often two or more people who are extremely upset and telling very different stories. Part of the problem is that the victim may not be calm enough to clearly explain what has happened. 

A woman who has just been attacked by her husband or boyfriend might be in a state of terror. If the abuse has gone on for a long time, the woman might even be having a PTSD episode that can make it impossible to distinguish between the abuse carried out that night and abuse carried out long in the past. Police officers untrained in mental health might misinterpret this confusion as lying, or mistake a state of terror as a violent rage. 

The abuser, on the other hand, may be sitting there calmly. He has been in control of the entire situation and has not faced the threat of harm. The police may mistakenly believe that the calm person is the victim and the visibly emotional person is the perpetrator. While erroneous, it is not hard to see why someone who lacks mental health education may make this mistake. 

This type of mistake by a police officer can ruin lives. A domestic violence conviction can close doors in your future, and would likely be relevant if you decide to divorce your accuser.

Contact a San Jose Criminal Defense Lawyer 

Fuller Law Firm is committed to helping people who have been falsely accused of domestic violence fight back. Cory Fuller, a passionate Alameda County, CA, criminal defense lawyer, will do all he can to clear your name. Contact us at 408-234-7563 for a free initial consultation.