There are several legal defenses that you can raise to beat, or reduce, a charge of domestic violence. Some of these include:
- the alleged victim’s injury was the result of an accident,
- the alleged victim’s injuries did not result from your actions,
- you were acting in self-defense or in defense of someone else, and/or
- you were falsely accused (such as out of jealously, anger, or to gain the upper hand in a child custody proceeding)1
Pleading to Lesser Charges
An experienced domestic violence attorney can sometimes negotiate a plea bargain to a lesser offense. Pleading guilty to a lesser offense can help you avoid the stigma and negative consequences of a domestic violence conviction.
Two of the most common lesser offenses you may be able to plead to are:
- criminal trespass, or
- disturbing the peace.
Advantages of pleading to one of these crimes can include:
- retention of the right to own a firearm,
- no automatic loss of custody rights, and
- no deportation or inadmissibility if you are a non-citizen.2
Pre-Trial Diversion
Another legal strategy often pursued by a domestic violence attorney is to try to get a pre-trial diversion program for you.
With pretrial diversion, if you successfully complete a batterers’ program, the charges will be dismissed and cease to exist for most purposes.
Eligibility for pretrial diversion depends on:
- the specific charges,
- where you reside, and
- your criminal history (if any).3
Domestic Violence Defined
In general, “domestic violence” is abuse committed against an intimate partner. You commit “abuse” when you intentionally or recklessly use, or threaten the use of, physical force against an intimate partner.
Domestic violence laws typically define an “intimate partner” as:
- a current or former spouse,
- a current or former registered domestic partner,
- a current or former fiancé(e),
- a current or former live-in romantic partner (a “cohabitant”),
- a person with whom you have, or had, a child, or
- someone you are seriously dating or has seriously dated in the past.
In addition to intimate partners, victims of domestic violence can include your child.
Victims may also include any other person related to you by consanguinity (blood) or affinity (marriage) within the second degree, including:
- brothers and sisters,
- half-brothers and half-sisters,
- step-brothers and step-sisters,
- grandparents,
- grandchildren,
- aunts and uncles, and
- nephews and nieces.
And in some states, domestic violence laws extend to roommates or housemates.4
Common DV Crimes
Common crimes of “domestic violence” include:
- battery,
- abuse,
- threats, and
- neglect.
While some of these offenses are misdemeanors, others are felonies.5
Consequences of Conviction
Consequences of a domestic violence conviction can include some or all of the following:
- mandatory minimum jail time,
- payment of victim restitution,
- participation in a “batterers’ program,
- a permanent criminal record,
- loss of custody rights,
- loss of gun rights, and/or
- the filing of a restraining order.6
Legal References
- For example, California Penal Code 243(e)(1) PC; California Penal Code 273.5 PC. New Jersey 2C:25-17 to 2C:25-35; Nevada Revised Statute 200.485. See, for example, State v. Harvey ( Hernandez v. City of Napa (
- For example, Colorado Revised Statute 18-4-504; Texas Penal Code 42.01.
- For example, Pre-trial Diversion, Johnson County, Indiana, Prosecutors Office; Oregon Revised Statute 135.886.
- For example, Arizona Revised Statute 10.252; Washington Revised Code 70.123.020.
- For example, People v. Smith (Colo. 2018) 416 P.3d 886.
- For example, Maine Statute 17A- 207-A; Hawaii Revised Statute §709-906.
