The Advantage Of KnowingHow The Other Side Thinks

Photo of Nichole Dusché

The Advantage Of KnowingHow The Other Side Thinks

Photo of Nichole Dusché

Challenging wrongful allegations of domestic assault

On Behalf of | Sep 6, 2018 | Domestic Violence |

Being accused of domestic assault or violence can be devastating. In the course of one allegation, your career, reputation and family could be in jeopardy, so it is crucial to defend yourself when the allegations are false.

Often, defense against these charges will involve scrutinizing the statements from the alleged victim. This can be difficult and uncomfortable, but challenging tenuous or fabricated claims can be the difference between conviction and dismissed charges.

For instance, recently, Ultimate Fighting Championship fighter Nick Diaz was accused of several violent crimes, including domestic battery by strangulation and battery domestic violence resulting in substantial bodily harm. The alleged victim said the two had gotten in an argument and he allegedly choked her and slammed her to the ground.

Three key points to the defense

The defense pointed to three different pieces of evidence to dispute her claims. First, they pointed to the woman’s medical records. There were no fractures, soft tissue damage or other types of injuries that would be consistent with the type of attack she described. 

The defense also argued that the woman failed to give a consistent account of what happened during the alleged altercation. In fact, she evidently gave three different versions of what happened, calling into question her credibility and making it all but impossible to know which account was accurate.

Finally, the woman’s social media history added some context to the case. In videos days before the alleged assault, she reportedly is clearly vengeful and upset that Diaz was dating other women. 

Based on this evidence, the charges against Diaz were dismissed with prejudice, which means the court permanently dismissed them.

Takeaways from this case

What readers here in Tennessee might take away from this case is a reminder that there are ways to challenge false accusations of domestic violence and seek dismissal of wrongful charges. Every person is innocent until proven guilty, and you have the right to defend yourself.

If you are in a similar situation and wrongfully accused of domestic violence, you can discuss your case with an attorney to discuss your defense and work to avoid the serious consequences of a criminal conviction.