Domestic Violence: Legal Defenses and What to Do if You’re Accused
Nov. 26, 2025
Facing accusations of domestic violence can profoundly affect personal relationships, career opportunities, and even freedom. The experience is often confusing, leaving many uncertain about how to handle the situation or interact with law enforcement.
At Dan Mellen, Attorney at Law, in Vancouver, Washington, we know that being accused of domestic violence can change a person’s life in an instant. If you’ve been charged with domestic violence, it’s important to take immediate action to protect your rights. Contact our firm today so we can start working on your defense and help you understand your options.
What Constitutes Domestic Violence
Domestic violence covers a range of behaviors that occur within intimate, family, or household relationships. It isn’t limited to physical harm; instead, it can involve emotional, sexual, and even financial abuse. Most states define domestic violence as the intentional use of force, threats, or coercion by one person to control another within a domestic relationship. Common examples include physical abuse, emotional or psychological abuse, sexual abuse, or financial control.
Law enforcement officers treat these allegations seriously, often leading to an arrest before the accused has had the opportunity to explain what happened. Once a charge is filed, the accused must work through the legal system to challenge the accusation and present a defense.
False Allegations and Misunderstandings
Domestic violence allegations are often emotionally charged. Disputes between family members or partners can escalate quickly, especially during a separation or custody battle. Sometimes, one person may exaggerate or misrepresent events to gain an advantage in a legal dispute or out of anger.
Reasons false accusations occur include emotional retaliation, custody disputes, miscommunication, and self-defense situations.
When emotions run high, what began as an argument can quickly turn into a criminal matter. Because of this, it’s critical for those accused of domestic violence to stay calm and avoid making statements without legal representation present.
Once an accusation has been made, the focus shifts from personal conflict to legal defense—and that’s where understanding possible defense strategies becomes essential.
Legal Defenses in Domestic Violence Cases
Every domestic violence case is different, but several common legal defenses can help protect the accused. These defenses focus on establishing doubt, showing a lack of intent, or proving that the incident didn’t happen as alleged.
Common legal defenses include self-defense, defense of others, lack of intent, false allegations, and insufficient evidence.
When we build a defense, we focus on collecting all relevant information—police reports, witness accounts, and any available video or phone records. These details often reveal inconsistencies that can significantly weaken the prosecution’s argument.
The Criminal Process After a Domestic Violence Arrest
After a domestic violence arrest, the case typically moves through several stages, each requiring careful attention. Knowing what to expect helps reduce confusion and allows the accused to make informed decisions.
The stages often include:
Arrest and booking: Law enforcement may arrest someone immediately following a complaint, even with limited evidence. The accused is then taken to jail and processed.
Initial hearing: The court reads the charges, explains rights, and may set bail or release conditions.
Protective orders: The alleged victim may request a restraining or no-contact order, which restricts communication and proximity.
Pretrial hearings: Lawyers from both sides exchange evidence, file motions, and negotiate potential plea agreements.
Trial: If no agreement is reached, the case proceeds to trial, where a judge or jury determines guilt or innocence.
Sentencing: If convicted, penalties may include jail time, probation, fines, or mandatory counseling programs.
Each step presents opportunities to challenge evidence, highlight inconsistencies, or request that charges be reduced or dismissed. Working closely with a criminal defense lawyer during these stages is vital for protecting one’s rights and reputation.
Potential Consequences of a Domestic Violence Conviction
A domestic violence conviction can have far-reaching effects that extend well beyond the courtroom. The penalties often depend on the severity of the offense, whether injuries occurred, and the person’s criminal history. Possible legal and personal consequences include prison or jail time, probation, fines and restitution, loss of firearm rights, restraining orders, employment impacts, and immigration consequences.
What to Do if You’re Accused of Domestic Violence
When someone accuses you of domestic violence, every decision you make afterward matters. Emotions can run high, but it’s critical to stay composed and think strategically. Acting impulsively—especially by contacting the accuser or posting about the situation online—can make matters worse. The following steps can help protect your rights:
Stay silent: Don’t discuss the case with the police without a lawyer present. Anything you say can be used against you later.
Comply with law enforcement: Resisting arrest or violating a protective order can lead to additional charges.
Document everything: Keep copies of messages, emails, and any relevant records that may support your defense.
Avoid contact with the accuser: Even if the accuser initiates communication, it’s best not to respond until your lawyer advises otherwise.
Seek legal help immediately: Contact a criminal defense lawyer experienced in domestic violence cases. The sooner you do, the more options you’ll have.
It’s also helpful to understand that not all accusations result in conviction. Many cases end in dismissal, a reduction in charges, or acquittal once the evidence is properly reviewed. Having professional representation early in the process increases the likelihood of a favorable outcome.
As we work through a domestic violence case, part of our focus is on restoring stability—helping clients regain their reputations and relationships after an accusation.
Long-Term Effects and Steps Toward Recovery
Even when charges are dismissed, the effects of a domestic violence accusation can linger. Friends and family may distance themselves, and employers may hesitate to offer new opportunities. It takes time and effort to rebuild trust and confidence after such an ordeal.
Steps to move forward may include:
Seeking counseling: Both the accused and their loved ones may benefit from therapy to process the emotional toll.
Restoring professional relationships: Explaining the situation carefully and focusing on personal growth can help rebuild credibility.
Complying with court orders: Completing counseling, community service, or other requirements demonstrates accountability and commitment to change.
Clearing criminal records: Some individuals may qualify for expungement or record sealing after completing their sentence or if the case was dismissed.
Recovery is possible, and many people emerge from the process stronger and more self-aware. The key is to address both the legal and emotional sides of the situation, taking deliberate steps to rebuild your life.
Contact Us Today
Being accused of domestic violence is one of the most stressful experiences anyone can face, but you don’t have to face it alone. At Dan Mellen, Attorney at Law, we’re committed to defending the rights of individuals throughout Vancouver, Washington, as well as Clark County, Cowlitz County, Lewis County, and Wahkiakum County. If you or someone you know has been accused of domestic violence, contact our firm today to discuss your case with an experienced attorney.