Domestic violence can extend beyond physical altercations between you and your intimate partner. Any type of violence against anyone who lives under your roof can potentially lead to a domestic violence arrest, and that includes if you have an adult child who still lives at home. If you've been in an altercation with the child and he or she has called the police, it's possible for you to face domestic violence charges. While it can be difficult to get such charges dropped, a good defense attorney may be able to successfully represent you in court. Here are some arguments that you can make in this situation.
The Victim Was Intoxicated
While someone who is intoxicated on alcohol or drugs can definitely be a legitimate victim of a domestic assault, such a situation might not be black and white. For example, if the person was behaving in an uncontrolled manner, and perhaps was a danger to himself or herself or someone else in the home, you might have attempted to physically restrain your adult child. If any injury were to occur — perhaps the child fought to escape your grasp and fell, hitting his or her head — the police may have been called. Your attorney may have success arguing that you weren't being violent, but were merely trying to prevent injuries to the victim.
The Victim Was The Aggressor
Family members can argue and occasionally get physical with one another for an assortment of reasons, and this type of scenario may have been present in the moments leading up to the police arriving at your front door. Perhaps your adult child began to act aggressively toward you for an unknown reason, and initiated physical contact that made you feel threatened. You have a right to defend yourself, provided that you do so in a controlled manner. You could have pushed the child away or even hit him or her in an effort to stay safe — these details can make for a successful self-defense claim in court.
The Victim Wasn't Easily Identifiable
Mistaken identity can sometimes lead to instances of domestic violence. Even if your child is a young adult, you may have given him or her a curfew. If the curfew was 10 p.m., for example, and you heard someone prowling through your home after midnight, you might have attacked the person with the belief that it was an intruder — when, it actuality, it could have been your adult child sneaking in after curfew. You might not deny the physical contact, but you could make a case that mistaken identity led you to engage the victim.
Contact a domestic violence attorney for more help.Share