Police officers responding to domestic violence calls only experience one moment in the context of a lengthy and complex relationship. Occasionally, police officers make the wrong determination and accuse the victim of domestic violence of being the perpetrator of the crime.
Individuals who have long experienced emotional, financial or physical abuse can become aggressive toward their abusers in some circumstances. What looks like domestic violence to police officers unfamiliar with the situation might actually be a case of reactive abuse. Individuals facing domestic violence charges may need support as they try to prove that their actions were reactive abuse and not actually domestic violence.
Understanding reactive abuse
Enduring extended periods of abusive treatment can undermine an individual’s emotional stability. A person who recognizes that their spouse or intimate partner might become physically abusive after engaging in verbal abuse may react aggressively to name-calling and other forms of verbal mistreatment. Their behavior looks explosive and irrational to outside parties, but it is the culmination of long-term mistreatment and pattern recognition.
Reactive abuse can result in domestic violence victims becoming aggressive toward their abusers, possibly in the hope of avoiding injuries and escalating incidents. In cases where there is documentation showing a history of misconduct on the part of one spouse, such as prior police reports, medical records, journal entries and witness statements, claims of reactive abuse could play an important role in a person’s defense to criminal charges.
Reviewing an alleged incident of domestic violence with experienced legal guidance can help people understand their options. Raising a question about whether the party arrested was the instigator of the incident can be part of a broader domestic violence criminal defense strategy.
