Understanding the Concept of ‘Mutual Combat’
Mutual combat refers to a situation where both parties are deemed to have willingly engaged in physical violence against each other. In the context of domestic violence, this can be a misleading and harmful label. Abusers often leverage this claim to muddy the waters, making it appear as though the victim is just as guilty. This tactic can be particularly effective because it creates confusion and doubt in the minds of law enforcement, prosecutors, and even judges.
Once the claim of mutual combat is made, the complexities of the case multiply. The legal system must then untangle the truth from a web of accusations, counterclaims, and emotional turmoil. For the victim, this situation is disheartening and fraught with potential pitfalls that can have long-lasting implications.
Complications Arising From Mutual Combat Claims
Having your abuser accuse you of mutual domestic violence can open up a Pandora’s box of complications. Let’s look at a few examples.
Dual Arrests and Charges
One of the most immediate consequences of a mutual combat claim is the risk of dual arrests. In some cases, when police arrive at the scene of a domestic dispute, they may find it challenging to determine who the primary aggressor is—especially if both parties have injuries or if the abuser has fabricated evidence of your alleged violence. As a result, officers may arrest both parties, potentially leading to charges against you even though you were defending yourself or trying to escape.
This situation places you in an incredibly precarious position. Not only do you have to contend with the trauma of the abuse itself, but now you must also defend yourself against criminal charges. The potential for a criminal record, jail time, and other legal consequences is very real, and it can affect your life in numerous ways, from employment opportunities to child custody arrangements.
Mutual Domestic Violence Restraining Orders
In cases where both parties accuse each other of domestic violence, the court may issue mutual domestic violence restraining orders (DVROs), meaning both parties face similar restrictions in interacting or contacting each other. While this might seem like a fair solution, it often isn’t. A mutual DVRO can create significant complications, mainly when children are involved.
For instance, a mutual restraining order can disrupt your ability to maintain custody of your children or to secure favorable visitation rights. In these situations, the court can view both parties as equally responsible for the violence, which can severely impact your ability to protect your children from your abuser. Moreover, mutual DVROs can complicate any divorce or separation processes, particularly regarding property division, spousal support, and other related matters.
Defending Against Charges While Also Pressing Charges
Being falsely accused of domestic violence while simultaneously trying to hold your abuser accountable is an overwhelming and complex task. You must navigate the legal system to defend yourself against charges, all while pursuing justice against your abuser. This dual role can drain your emotional and financial resources and may even compromise the strength of your case against your abuser. (Not to mention that it makes the case more difficult to prosecute because the D.A.’s office now has divided interests in the case.)
The court might view your efforts to press charges as retaliatory rather than legitimate, especially if the abuser has successfully convinced authorities that the violence was mutual. This skepticism can lead to reduced credibility in court, making it harder to achieve a favorable outcome.
How a Skilled Los Angeles California Criminal Defense Attorney Can Help
While the complications involved with mutual combat claims can seem overwhelming, they are not insurmountable–but it typically requires professional assistance from an experienced domestic violence defense attorney to navigate the situation skillfully. A knowledgeable attorney can help you navigate the legal landscape, protect your rights, and work towards the best possible outcome. Here are some strategies your attorney can employ.
Establishing Your Role as the True Victim
One of the first steps in beating a mutual combat claim is to assemble a body of evidence that clearly establishes you as the victim, not the aggressor. This may involve collecting witness statements, medical records, photos of injuries, and other documentation supporting your account of events. Your attorney may also work with experts, such as psychologists or domestic violence counselors, who can testify to the nature of your relationship and the likelihood that your abuser is manipulating the situation.
Challenging the Credibility of the Abuser
Casting doubt on the credibility of your abuser is a crucial step in your defense at this point. This might involve bringing to light any past instances of violence or criminal behavior, highlighting inconsistencies in their story, or presenting evidence that demonstrates a pattern of abusive behavior. If your abuser has a history of lying or manipulating others, this can be a powerful tool in dismantling their claims of mutual combat.
Arguing Self-Defense
California law recognizes the right to defend oneself from imminent harm, and this includes domestic violence situations. If your actions were a reasonable response to the threat posed by your abuser, this could be a viable defense strategy. Your attorney will need to present evidence that shows you acted out of fear for your safety rather than as a willing participant in a physical altercation.
Negotiating With Prosecutors
Sometimes, the best strategy may involve negotiating with prosecutors to reduce or dismiss the charges against you. An experienced attorney will understand how to approach these negotiations, potentially using the evidence of your victimization and the weaknesses in the prosecution’s case to your advantage. This can be particularly effective in avoiding the long-term consequences of a criminal conviction.
Fighting for Fair Custody and Protective Order Outcomes
If you and your abuser have both been served with protective orders, your attorney will advocate for a resolution that protects your rights and interests. This typically involves challenging the validity of your protective order (also called a restraining order) before it is finalized. If the children are left with your abuser, the attorney may provide evidence to reinforce that the abuser poses the real threat to their safety. Your attorney’s goal will be to secure outcomes that minimize the impact on your family and prevent further harm.
If you find yourself in a domestic violence situation where an abusive partner has claimed mutual combat, the right attorney can make a huge difference in resolving your case fairly and safely. Contact our offices today to schedule an appointment.