Legal Question in Criminal Law in New Mexico

My boyfriend is being charged with domestic violence against his ex-girlfriend and I was wondering if he used evidence that she hit him wouldn't he be able to go free of conviction since she still has his property and this case was just a form of jealousy?


Asked on 3/31/10, 7:38 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

There is no excuse for domestic violence. None. If she hit him first, he could be eligible for a self-defense finding which would win. But no one can give you a precise answer without analyzing all of the facts surrounding the event and the reasons the police charged him and not her. It is not a defense that she had property of his or that she was jealous. There is no excuse for domestic violence.

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Answered on 4/05/10, 8:17 am


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