Domestic Violence Defense

Domestic Violence accusations carry immediate and far-reaching consequences: arrest, jail, no-contact orders, restrictions on returning home, loss of firearm rights, and damage to reputation and family stability. Long before a court determines guilt, a DV accusation can destabilize every part of a person's life.

These cases demand a defense that is skeptical, thorough, strategic, and trial-ready. Mr. Merchant has litigated nearly 1,000 Domestic Violence cases, achieving over 100 dismissals and numerous acquittals by exposing unreliable accusations, challenging flawed investigations, and presenting compelling, evidence-based defense theories that juries trust.

Domestic Violence allegations often turn on emotion, assumptions, or incomplete investigations. Mr. Merchant's role is to cut through that noise and reveal the truth—through evidence, impeachment, constitutional litigation, and trial skill.

When the Evidence Looks Overwhelming...

Domestic Violence cases can appear unwinnable based on the initial reports—but juries often see something very different once the truth is presented clearly and methodically.

Here are several examples:

1. "Bruising Consistent With Strangulation" — Actually Eczema

Police and medical personnel claimed a client's girlfriend had bruising "highly consistent with strangulation." The allegation alone placed the client at risk of serious felony consequences.

At trial, Mr. Merchant conducted a methodical cross-examination of the alleged victim and the responding officers. Through detailed questioning, he revealed:

• the "bruising" had never been medically verified,
• no petechiae or strangulation markers were present,
• and the discoloration was actually eczema, not trauma.

Once the true medical condition came to light, the prosecution's case collapsed.

The jury acquitted the client of all charges.

2. "She Was Pushed and Split Her Head Open" — Actually a Fall While Drunk

In another felony assault case, the State alleged that the client pushed his girlfriend, causing her to fall and split her head open—an injury requiring sutures.

The photographs were dramatic. The injury looked severe. The State argued it proved violent assault.

At trial, Mr. Merchant presented a disciplined defense:

• cross-examining witnesses on the alleged victim's intoxication,
• introducing evidence of her balance issues while impaired,
• and demonstrating physical inconsistencies between the injury pattern and the State's story.

The jury concluded the State failed to prove an assault occurred at all.

The client was found not guilty.

3. Brass-Knuckles Assault Case — Fabricated by the In-Laws

In a serious felony case involving alleged assault with brass knuckles, prosecutors relied heavily on statements from the alleged victim's parents, who claimed they witnessed the assault.

Their statements were emotional, detailed, and—on the surface—highly credible.

But during the defense investigation, Mr. Merchant interviewed additional family members. Their testimony revealed:

• the parents-in-law despised the client,
• they disapproved of his relationship with their daughter,
• and they fabricated the assault entirely to remove him from her life.

When confronted with this evidence, the State dismissed the case.

All charges were dropped.

4. The "Text Message Discovery" Strangulation Case — Full Acquittal

Recently, Mr. Merchant secured another acquittal for a client facing felony DV charges. The alleged victim claimed strangulation, and the State aggressively prosecuted the case.

Through rigorous cross-examination, careful presentation of evidence, and detailed impeachment, Mr. Merchant demonstrated:

• the allegation was fabricated after the alleged victim discovered text messages on the client's phone,
• the physical evidence did not support her claims,
• and her credibility collapsed under scrutiny.

The jury rejected the allegation and found the client not guilty.

These examples highlight a central truth of Mr. Merchant's DV practice:

Domestic Violence allegations must be challenged aggressively, creatively, and with disciplined legal analysis—because the truth is rarely found in the first police report.

Understanding the Complexity of DV Cases

Domestic Violence cases are uniquely prone to:

• conflicting statements,
• recantations,
• intoxication-related memory issues,
• emotional exaggeration,
• retaliatory allegations,
• jealousy-driven accusations,
• mental-health complications,
• and investigative shortcuts.

These dynamics require a defense attorney who understands human behavior, relationships, credibility analysis, and the forensic differences between injury, illness, and accident.

Mr. Merchant excels in all of those areas.

Comprehensive Defense Strategy

Constitutional Litigation

Domestic Violence cases frequently involve:

• unlawful arrests,
• warrantless entries,
• improper Miranda warnings,
• coerced statements,
• use of 911 calls in place of live testimony,
• forensic nurse testimony offered without the alleged victim appearing,
• and due process violations relating to late or missing evidence.

Mr. Merchant routinely suppresses evidence, limits the State's case, and forces prosecutors to meet their burden without shortcuts or constitutional violations.

Creative, Unconventional Defense Theories

This is the hallmark of Mr. Merchant's practice.

He finds narratives others overlook—alternative explanations for injuries, reasons for fabricated allegations, timeline inconsistencies, behavioral evidence the State misinterprets, and strategic impeachment angles.

Clients hire him because:

• he sees the case differently,
• he finds the theory of innocence hiding in plain sight,
• and he tells a coherent, persuasive story that juries believe.

Rigorous Trial Preparation

Mr. Merchant prepares every DV case as if it will go to trial. This includes:

• impeachment planning
• psychological and relational analysis
• witness interviews
• digital evidence review (texts, calls, social media)
• timeline reconstruction
• thorough preparation for cross-examination of both the alleged victim and officers

His preparation is the reason clients secure dismissals and acquittals even when the State's case initially appears overwhelming.

Types of DV Cases Handled

• Felony Assault
• Strangulation
• Assault with a Firearm
• Malicious Mischief/Property Destruction
• Interference with DV Reporting
• Harassment/Threats
• Stalking
• Violation of a DV Protection Order
• DV involving Intoxication
• DV Involving Fabricated Injuries
• Cases relying on 911 recordings or SANE testimony, in lieu of live testimony
• Cases involving mental-health

A Defense Built on Truth, Precision, and Creativity

Domestic Violence accusations demand a defense rooted in investigation, constitutional discipline, and skilled storytelling. With nearly 1,000 DV cases litigated and over 100 dismissals and acquittals, Mr. Merchant provides the caliber of defense required when everything is on the line.