When violent altercations occur in public, concerned parties may call the police. If spouses, roommates or romantic partners get into a loud argument, neighbors or passersby may contact local authorities. What starts as a well-intentioned attempt to help may result in the wrong person facing charges.
Police officers showing up to an argument or fight in progress often have to make a decision with limited information. They know what the person who called the police said, and they know what they have heard and seen themselves. Unfortunately, sometimes police officers don’t have enough information to make an informed decision. They may arrest the wrong person and accuse them of assault or domestic violence. What looks like inappropriate and even violent conduct may have actually been reactive abuse.
What is reactive abuse?
Interpersonal misconduct comes in many forms. Obviously, some people are physically violent toward one another. They punch, slap, kick or choke others with the intention of harming or intimidating them. Others may use verbal and mental abuse to intimidate and torment certain people.
Those who have long endured abusive conduct sometimes become emotionally dysregulated. They may respond to intimidating body language or a seemingly innocuous phrase with very aggressive, seemingly volatile behavior.
Their outburst of sudden misconduct is reactive abuse. It is a response to protracted misconduct on the part of another party. When witnessed by people who do not have appropriate context, reactive abuse may look like assault or domestic violence. The person engaging in reactive abuse is likely to feel guilt and remorse about their actions. Their behavior may seem out of character given their usual conduct.
In some cases, police officers may end up arresting the wrong person when someone who has faced abuse finally fights back or becomes angry with their abuser. Those accused of assault can sometimes avoid a conviction by proving that what occurred was reactive abuse, not outright misconduct.
Reviewing what led up to assault, domestic violence or other violent criminal charges with a skilled legal team can help people evaluate their defense options. Sometimes, a person accused of violence and misconduct is actually the victim of illegal behavior on the part of another person. Those who develop a defense strategy and gather proof of their experiences can potentially avoid an unfair criminal conviction.