Norwalk Domestic Violence Defense Strategies
There are a couple common defenses used in Norwalk domestic violence cases, such as the instance of self-defense, as well as defense of others. Another common defense is that the events that did not occur in a way that was alleged by the accuser. Self-defense is extremely common in these cases, such that the person felt compelled to commit the act of domestic violence because of an attack that was made by the other participants. Regardless of which defense is ultimately used, an experienced Norwalk domestic violence attorney is essential in building a strong defense for any type of domestic violence charge their client faces.
Self-defense is a common defense for Norwalk domestic violence charges that happen anytime a person is presented with a threat of physical harm. They are allowed to meet that threat of physical harm with the same degree of physical force in order to prevent themselves from getting hurt. The test that a judge or jury will be employing when deciding whether a self-defense case or assertion is actually meritorious is that they will be looking to see whether the person actually did perceive a threat of physical harm from the attacker and whether that perception of the threat was objectively reasonable under the circumstances.
Essentially, it asks the judge or jury to step into the shoes of the person claiming self-defense and ask themselves, did that person actually believe that they were under a threat of harm, if the answer to that is yes then they will have to consider if even though that person did believe that they were under the threat of physical harm, was that reasonable to believe under the circumstances or was it not a reasonable position because the person was not being that threatening? It is what a domestic violence attorney would call a subjective/objective test.
Defense of Others
Another common domestic violence defense in Norwalk is the defense of others. At the time that somebody believes that they need physical force to prevent physical harm of another person, they can meet that threat with the same degree of physical force and stop the attack from happening or stop the physical harm from happening to a third person. It is essentially the exact same thing as self-defense, but it applies to a third person.
Working with an Attorney
Having an attorney to help an individual accused of domestic violence to understand all of these common defenses in domestic violence cases in Norwalk is important because there are a lot of moving pieces and a lot of things that can get worse for a defendant if they are not aware of all of their obligations once a domestic violence case starts.
Specifically as to Norwalk, having somebody familiar with the particular location of Norwalk and the criminal court in Norwalk is helpful. It is helpful to have somebody that is familiar with the people who implement this system that the defendant will be facing, the people that are involved in terms of the prosecutors, the judges, the domestic violence counselors, the family relations officers, and other people in the court system that need to be dealt with and with whom the defendant may need to work. It is important to have some level of familiarity with those people so that the defendant can have the best understanding of what is expected of them, how they should be interacting with these people and doing what is necessary to best address the particular concerns of each person involved, which comes only with some experience in these courts and with these defenses and familiarity with people that a person is dealing with.