Police officers responding to domestic violence calls often have little information about the situation. They may have records from prior calls to the same address and the information provided by the reporting party.
Otherwise, they depend on what they witness when they arrive and the statements made by the parties involved in a dispute to decide how to handle the situation. Frequently, police officers arrest the individual who appears to have instigated the altercation or caused significant injury to the other party.
Sometimes, they make errors in judgment due to having incomplete information. Some people accused of domestic violence acted in self-defense.
Injuries aren’t indicative of intent
Frequently, injuries are one of the deciding factors as police officers evaluate an alleged domestic violence situation. They may determine that the person with more serious injuries is the victim, but that isn’t universally true.
In many situations, serious injuries can be the result of a person defending themselves. A person who knows that their partner has a history of violence might defend themselves assertively in response to physical intimidation, a seemingly minor blow or verbal threats.
They may then look like the abusive party to police officers when they arrive. Records of prior abuse, testimony from neighbors and other forms of evidence can help substantiate claims that an individual did not engage in unlawful violence but instead made use of their legal right to defend themselves.
Building a self-defense claim in response to a domestic violence charge can be a challenge, but it may be a viable strategy in some cases. Defendants who have experienced legal guidance can reduce their likelihood of an unfair criminal conviction when accused of domestic violence.