ABSTRACT

This chapter provides an overview of the unique challenges and issues faced by defense attorneys when defending individuals charged with domestic violence (i.e., domestic assault/battery). The defendant, who is, in most cases, a male accused of committing an act of violence against a girlfriend, spouse, or partner; is emotionally charged; and, to some extent, irrational. Domestic violence cases are often assigned to judges in specialized courts who place a higher priority on alleviating problems of domestic violence than affording the accused the presumption of innocence. Prosecutor's offices often have specialized units as well that are assigned to prosecute allegations of domestic violence. Armed with a multidisciplinary team of investigators and social workers, prosecutors often have a “no drop” policy in domestic violence cases with additional resources to prosecute domestic violence cases (Feige, 2004, p. 1).