Domestic disputes are one of the top types of complaints reported to law enforcement professionals. People who overhear loud arguments or what sounds like violence in a residential home may call the police.
Officers may then rush to protect a potentially vulnerable person and de-escalate the situation. When they arrive, they attempt to determine if a crime may have occurred and arrest the person who may have caused the conflict. They often hear contradictory stories from the people involved. Officers have to make a judgment call based on limited information.
In some cases, officers may make mistakes and arrest the person who experienced domestic violence rather than the person who perpetrated it.
Self-defense can look like assault
If officers arrive at exactly the wrong moment, they may hear or see something that makes one spouse look violent. However, what seems like an act of inappropriate aggression might actually be a response to ongoing abuse.
Some people finally fight back and act in self-defense after years of aggression from a spouse. Others may simply lash out verbally but do not physically defend themselves. Police officers could misinterpret reactive abuse or an emotional outburst caused by abuse as domestic violence. They could also arrest people acting in self-defense.
In such cases, the person accused of domestic violence may need assistance as they plan a strategy to exonerate themselves. They may need to gather evidence about prior domestic violence to prove they were not the aggressor.
Responding appropriately to domestic violence charges can help defendants avoid convictions. People who acted in self-defense or lost their cool due to a history of abuse can potentially show the courts that they were not the perpetrator but rather the victim of domestic violence.