Can You Build a Strong Defense Case for Domestic Violence If Your Accuser Has Photo Evidence?

Posted on: November 12th, 2024 by Dod Law

Domestic Violence Defense with Photo Evidence

Even though it may seem difficult, you can still build a strong defense case against domestic violence if your accuser has photo evidence. In this age of AI and photo manipulation, it’s essential for California courts to question the nature of images brought forward by the prosecution in domestic violence cases. Unfortunately, too many of these cases involve doctored images designed to wrongfully compromise the defense’s right to a free future.

In other words, photo evidence does not make or break the prosecution’s case. You can turn to our team at Dod Law for support in crafting a defense against the prosecution’s attempt to use photo evidence against you in a domestic violence case. 

Photo Evidence As the Only Evidence Involved In a Domestic Violence Case

California allows relatives, romantic partners, and members of a shared household to issue domestic violence charges against an alleged offender. However, the person who reports an alleged instance of domestic violence must provide arresting officers with enough proof of misconduct to merit reasonable suspicion.

For example, someone may report hearing raised voices from a room in a shared house and get the police to respond, but their attempt to charge you with domestic violence may not hold water. Instead, the prosecution must prove physical assault resulting in bodily harm as well as a credible threat of violence to move a case against you forward.

In other words, if a reporter only has photos of someone’s bruises or damaged furniture in a home, their photos may not allow the state to create a comprehensive domestic violence case. Our team can subsequently point to the prosecution’s lack of evidence to challenge the case brought against you.

How Does the Prosecution Use Photo Evidence in a Domestic Violence Case?

California defines domestic violence as behavior that:

• Causes a victim serious injuries
• Overlaps with sexual assault
• Constitutes molestation, attacks, and/or battery
• Coerces a victim into non-consensual or destructive behaviors
• Constitutes stalking, assault, or harassment
• Disturbs a victim’s peace

The prosecution may attempt to use photos to prove that you unlawfully followed a victim, engaged in unwanted sexual behaviors with the victim as your target, or otherwise compromised the victim’s feelings of safety. However, the pictures used to build a domestic case may not be abstract. They must specifically depict clear instances of mistreatment.

How to Craft a Defense Against Accusations of Domestic Violence

The inconclusive nature of photos does allow you to build a strong defense case against domestic violence. To build a defense, you can work with a California criminal defense attorney to assess the specific circumstances that led an accuser to open a case against you.

Some of the defenses we’ve used to the benefit of California residents include the following:

Retaliation

Unfortunately, many people going through difficult divorces or custody battles want to make their ex-partner look as bad as possible. As such, those parties may issue false charges of domestic violence or assault against their exes.

Fortunately – in a manner of speaking – California courts know to expect this kind of behavior when tackling contentious cases. Our defense attorneys can highlight any ongoing custody or divorce cases you and an alleged victim are involved in when arguing that the charges brought against you fail to reflect the reality of your circumstances.

AI Manipulation

This new era of AI has compromised the legitimacy of photo evidence submitted for a court’s consideration. It’s easier than ever for angry spouses or other parties to use AI generators to manipulate or fabricate images of domestic violence.

If you suspect that the images used to kickstart your domestic violence case aren’t real, let our investigators know. We can work with experts to assess the photos and challenge their validity in court. We can subsequently hold the bad actor accusing you of domestic violence in contempt of court.

Let Our Team at Dod Law Go to Work For You

Photo evidence is not the end-all, be-all of today’s domestic violence cases. Unfortunately, it’s all too easy to use AI and digital software to doctor images brought forward in domestic violence cases. If the prosecution attempts to bring unlawfully altered documents forward as evidence of domestic violence in court, you can work with a criminal defense attorney to challenge their findings.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form