April 7, 2020
Accused of Domestic Violence During COVID-19: Know Your Rights
As many in our nation are following a stay at home orders, there has been a reported increase in domestic violence incidents. While the nation grapples with ways to assist survivors of domestic abuse, who is protecting those who have been falsely accused of violence? If you have been accused of domestic violence during COVID-19, Mazzoni Karam Petorak & Valvano are here to protect your rights.
Defenses to Domestic Violence During COVID-19
The main issue with these charges in situations such as COVID-19 stay at home orders is the lack of witnesses, which turns all accusations into he said, she said, accounts. This hurts you as the accused because there is no proof to confirm it did or did not occur. But there are ways we can help prove your innocence or negate your charges to a lesser amount.
Potential defenses to domestic violence charges are:
- Lack of intent. To use a lack of intent as a defense to domestic violence, you need to prove that though the harm occurred it was not intentional. This may mean it was accidental and that your partner was injured as a result of something not intended to cause harm. For example, if you were completing home repairs and you accidentally injured your partner while completing the task, or they simply were in the wrong place at the wrong time. For lack of intent to be valid, we need to be able to retrace your steps and prove that there was no intentional violent act committed.
- No violence was committed. If there is evidence of injury on your partner, this can be difficult, but as long as we can prove that you either did not commit the violent act against your partner or that he or she is lying about the event, it is possible to use this as a defense during COVID-19 isolation orders. We may call upon testimonials from neighbors who could have heard an altercation occurring or any 911 calls that may have been made to report the incident.
- Self-defense. If you are facing a domestic violence charge as a result of an altercation you did not start, it will be imperative to know the exact exchange of events. If you have pulled a gun on your partner in order to protect yourself against the unlawful use of force including death, serious bodily injury, kidnapping or nonconsensual sexual intercourse, self-defense is likely a defense we can use for your case.
Domestic violence charges brought forth during COVID-19 isolation orders are complicated due to the lack of witnesses or potential for witnesses to the incident which may or may not have occurred. This is why you need a domestic violence defense attorney to represent you.
Call Mazzoni Karam Petorak & Valvano today.
If you are facing charges of domestic violence during COVID-19 in Lackawanna, Luzerne, Wayne, or Pike Counties, now is the time to act. Contact the Northeastern Pennsylvania domestic violence attorneys at Mazzoni Karam Petorak & Valvano today for more information. We are working with clients digitally to maintain health and safety standards while providing you the legal advice you need.