In Quarantine With an Abuser — When the Victim Becomes the Accused

The National Domestic Violence Hotline reports that, on average, more than one in three women and one in four men in the United States will have experienced some form of violence by an intimate partner in their lifetime. The nationwide quarantine, enforced as a result of the coronavirus, has caused a drastic increase in the number of calls to the hotline as well as domestic violence cases of assault and battery. 

Men and women across the United States quarantined with their abusers have reported alarming circumstances of abuse, such as being kept home against their will via threat of violence. In this article, an assault and battery lawyer in St. Petersburg with The Rickman Law Firm will discuss what you need to know about protecting yourself when quarantined with an abuser who is turning around and accusing you of domestic violence. 

Related: Understanding Domestic Violence Crimes

Self-Defense 

If your partner is threatening to harm you or your children, it is important to consider your plan of action for when the verbal threats become physical. If you strike back when threatened or in defense of yourself or your children, your partner may attempt to press charges of domestic violence. While you and your partner may be well-aware of who the true victim of the situation is, it would be wise to have the best assault and battery attorney in St. Petersburg at your side. 

An assault and battery attorney will help you evaluate the police report and then formulate your defense regarding the incident. If you do decide to claim that you acted in self-defense, then your attorney will scan the police report for admissions by the victim of having used violence against you. The story you tell your attorney will be compared to that of the account you provided to the police and the victim’s injuries will be checked to decide whether or not they suggest self-defense on your part. Lastly, your attorney will check for any inconsistencies, such as marks or bruises which could have only been made by the victim. 

Related: Common Reasons Why Battery Charges Are Dropped

Know Your Rights

If you have been falsely accused of domestic assault or battery, it is of the utmost importance to understand your rights during the investigative process. Even if you are guilty of assault, an assault and battery lawyer in St. Petersburg will take the necessary steps to demonstrate that police misconduct was involved in the investigation. This can be the difference between your freedom and serious jail time. 

Police misconduct encompasses a wide variety of errors during the investigative process including:

  • There was no probable cause to conduct an interrogation or search
  • The police did not question eyewitnesses present at the scene
  • You were denied your request for a lawyer
  • You were questioned after you specifically invoked your right to remain silent
  • The police did not request your account of the events prior to your arrest 

Related: False Domestic Violence Accusations: What to Do When You’re the Real Victim

When the Evidence Is Against You

If the victim, or your abuser, can prove that you are guilty of domestic assault or battery, it is now in your best interest to demonstrate that this act of violence was an isolated incident. Particularly during the times of high emotional and financial stress caused by the coronavirus, it is not unusual for even the calmest of individuals to lose their temper. What you need to do now is prove that this action will not turn out to be part of a larger destructive pattern.

Depending on the circumstances, your attorney may go through a number of different steps in order to minimize the potential penalties of the domestic abuse claim. You may be expected to agree to counseling, anger-management, probation or even rehabilitation if your violence was a result of alcohol or drug use. The most important aspect is to show the court that you are willing and ready to change your behavior so that you may avoid serious repercussions and get away from your abuser. If you have been accused of domestic violence, contact The Rickman Law Firm today. 

For a free consultation with the best assault and battery attorney in St. Petersburg, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

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