Facing the criminal justice system alone can be difficult for most people. While an arrest for any offense is serious, domestic charges carry a stigma that can be hard to get rid of.

If you have recently been arrested for family violence, you have the right to a vigorous defense. A conviction could have a dramatic impact on your life, but our dedicated criminal defense attorneys could help you secure the best possible outcome. Let an Erlanger domestic violence lawyer at Busald Funk Zevely review the facts of your case and advise you on a path forward.

Understanding Domestic Abuse

The underlying criminal offense in these cases is based on some of the standard charges that anyone might face. They include allegations of assault, battery, rape, and stalking, among others. What sets these apart is not the nature of the offense but the identity of the reporting witness. The crime involves an act of violence against someone recognized as a “family member.”

There is a common misconception that these crimes always involve a spouse or intimate partner. In reality, the definition of family member is much broader than that. It can also include former spouses as well as parents and grandparents.

Finally, children are often the target of abuse. A domestic violence charge in Erlanger is appropriate when it involves the accused’s child, whether they are biological or adopted. Any juvenile living in the home as if they were one of the accused’s children qualifies.

Viable Defense Options

A person accused of these crimes has a variety of defense strategies available to them. The right approach will depend entirely on the facts of the case and should be selected with the help of our Erlanger domestic violence attorneys.

Self-Defense

Kentucky recognizes a person’s right to defend themselves from the threat of imminent harm. This right does not disappear when the threatening party is a family member. A person must use reasonable force that does not exceed the threat level they are facing. The risk of harm must also be imminent, meaning harming someone is not an option if there is no immediate threat of injury. It is also possible to avoid a conviction after defending another person from an imminent threat.

Consent

When it comes to sex offenses, consent might be a viable defense. This is especially true when it comes to encounters between current or former spouses. The lack of consent is central to these offenses, so evidence that both parties were willing participants is usually a strong defense. This approach is not an option when the alleged victim is a minor or someone who is unable to legally consent to sexual activity.

Lack of Evidence

Sometimes, the best approach is to hold the government to its burden of proof. Prosecutors have to prove guilt beyond a reasonable doubt, and that is not a simple task. In some situations, the best approach is to avoid presenting evidence of alternate theories or suspects and focus on the weakness of the commonwealth’s case.

Contact a Domestic Violence Attorney in Erlanger Today

If you have been arrested for family violence, it is crucial for you to seek out legal counsel immediately. The sooner you act, the better your chances of success become.

Let an Erlanger domestic violence lawyer help you fight back against these allegations. Call today for a private consultation.

Busald Funk Zevely PSC

Busald Funk Zevely PSC
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