Difficulties Prosecuting Domestic Violence Cases

Pennsylvania takes domestic violence very seriously. As a result, it's not unusual to be arrested on domestic violence allegations, or to have a Protection from Abuse (PFA) order filed against you, even when there's little evidence to support the accuser's claims.

Convicting someone of domestic violence in a criminal court, though, is less straightforward. The reason? In criminal court, the prosecution must prove their case “beyond a reasonable doubt.” This means that there's no other conclusion the court can reach, based on the evidence available, other than the defendant committed the crime.

Evidence, however, is not easy to gather in domestic violence cases. Here's a look at what the accused must prove to make a domestic violence claim, and some common reasons why claims fail.

Proving a Domestic Violence Case

There's no single definition of domestic violence in Pennsylvania. Instead, any number of offenses may be considered domestic violence if the accused has a certain relationship with the victim, such as:

  • spouses
  • intimate partners
  • parents
  • individuals with a child in common

The type of offenses that may be considered domestic violence include assault, rape, harassment, stalking, trespass, and child abuse. To prove domestic violence, the prosecutor must prove:

  • the defendant has a certain relationship with the accused; and
  • the specific offense took place beyond a reasonable doubt.

For example, if a wife accuses her husband of assault, the prosecution must prove the assault charge. This is not easy because there are many defenses available depending on the charge, e.g., lack of intent, accident, self-defense, and so on.

Reasons Why Domestic Violence Charges May Be Dismissed

There are various defenses available to domestic violence charges – an experienced attorney can explain which defenses may be an option in your case. However, here are three common reasons why domestic violence charges are difficult to prove in criminal court.

  1. Insufficient Evidence The prosecution must prove their case beyond a reasonable doubt. A lack of medical evidence or witness statements can make it difficult for prosecutors to succeed.
  • Lack of Medical Evidence If there are no medical records or photographs to corroborate the allegations of bodily injury, then the defense can argue that there's no case to answer or there's insufficient evidence to support the charges.
  • No Witnesses Often there are no witnesses to domestic violence incidents – it's a matter of the victim's word against the defendant. However, if there's little other supporting evidence to show domestic violence took place, the lack of witnesses or corroborating police reports could prove fatal to the prosecution's case. An experienced criminal defense attorney will identify any weaknesses in the victim's claims, such as lack of evidence, and use them to challenge the prosecution's case.
  • Unreliable Evidence Even if there's some evidence to support the victim's claim, it's difficult to prove a domestic violence case if the victim's testimony is inconsistent or unreliable. Here are some examples of weaknesses a defense attorney may find in the prosecution's case.
    • The victim changes their statement – especially if they change it multiple times.
    • The injuries sustained are inconsistent with the victim's recollection of events.
    • The victim has a history of making false or exaggerated claims against the accused. If the victim may have a motive for making false claims e.g., there's a custody battle, the defense will point this out.
  • Self-Defense Even if the prosecution can show that the accused behaved aggressively in some way, it might be possible to prove they were acting in self-defense. This is especially true if, for example, the victim also harmed the defendant in a physical fight. If the accused can demonstrate self-defense, it's difficult for the prosecution to prove their case.
  • Consequences of a Domestic Violence Allegation

    Domestic violence is one of those crimes where defendants often face serious repercussions just for being accused of the offense even if they're completely innocent. These repercussions may be criminal or civil in nature, depending on whether there's a conviction.

    Criminal Consequences

    If you're found guilty of domestic violence, the penalties will depend on various factors including:

    • the specific allegation you're charged with, e.g., assault, harassment, or sexual assault;
    • how severe the allegations are; and
    • whether you have a criminal record.

    Generally, the penalties include:

    • community service
    • jail time
    • monetary fines
    • probation

    A domestic violence conviction goes on your criminal record, which could affect your ability to find a home, a job, or a place in an academic program.

    Civil Consequences

    Even if you don't face criminal charges, domestic abuse allegations have significant consequences.

    • If you're served with a Protection from Abuse (PFA) order, you could lose access to your children or even your own home.
    • The burden of proof is lower in civil court. If a family court judge finds that domestic violence took place, you could lose your visitation or custody rights.

    There is also your private life to think about: relationships may be damaged if friends, colleagues, and family believe the accusations against you, even if they turn out to be false.

    There's a huge amount at stake when you're facing domestic violence allegations, so it's crucial you hire an experienced criminal defense attorney who knows how to protect your interests. Joseph Lento has successfully helped many clients deal with domestic violence accusations – contact him today to schedule your own consultation.

    How the Lento Law Firm Can Help

    Domestic violence is a serious crime, and it's crucial there are measures in place to protect victims from further harm. That said, even if there's a PFA in place, domestic violence charges are not always easy to prove, and an experienced attorney can help you build a strong defense and challenge these allegations.

    A domestic violence conviction can seriously affect your professional and private life. Don't try to face these accusations alone – contact the Lento Law Firm now for effective representation from an experienced criminal defense attorney. Call on 888.535.3686 or contact us online.

    Contact Us Today!

    The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

    This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.