Are Medical Conditions a Defense to Domestic Violence?

Being charged with domestic violence is always distressing, but it can also be perplexing. Perhaps you feel as though your actions were entirely out of character for you, and you may not know what caused you to behave in such a way. Maybe this is your first offense, or maybe you have experienced this before. Regardless, anger and violence are complicated issues and in some instances, medical conditions can prompt certain behaviors that a person would not typically exhibit.

Medical conditions do not necessarily eradicate responsibility for your actions. However, they can sometimes provide context and compel compassion so you can seek the help you need to prevent an incident from happening in the future. Below, our San Diego domestic violence defense lawyer outlines some conditions that can trigger unusually violent or aggressive behavior.

Autism Spectrum Disorder 

Autism is a spectrum disorder, meaning some cases are very severe while in others, the condition is barely detectable. This means some people may be affected by it and not even know it. Autism Spectrum Disorder (ASD) affects communication and social interaction, which can include certain sensory sensitivities. Many adults on the spectrum can experience increased sensitivity to light, sounds, physical contact, or textures. When individuals with ASD become overwhelmed, they may find it difficult to regulate their emotions, which can result in bouts of frustration and anger.

Clinical Depression

Many people associate clinical depression with withdrawal and sadness. However, it can also manifest as agitation, irritability, and explosive anger. In fact, depression can greatly contribute to impulsive behavior and limit a person’s ability to control their actions. For certain individuals, this can mean lashing out verbally or physically when they feel frustrated, trapped, or overwhelmed by negative emotions.

Strokes 

Strokes are serious medical events that affect brain function, which often results in cognitive and physical changes that can change a person’s behavior and personality. Depending on the brain that is impacted, a person may experience irritability, emotional instability, or sudden bouts of anger, even when they have never acted in such a way before. This is a condition known as ‘post-stroke anger’ and can cause people to aggressively respond to situations that they would have handled calmly prior to the stroke.

Dementia

Dementia is an umbrella term for a number of different diseases and conditions that impair a person’s reasoning, memory, and judgement. It is not uncommon for dementia to significantly change a person’s personality. Dementia can be undetectable in its early stages, but a person may still experience unexplained fear, confusion, and frustration. These feelings can sometimes result in aggression that is unintentional. As dementia progresses to later stages, behavioral changes become even more common.

Our Domestic Violence Defense Lawyer in San Diego Can Help with Your Case 

Although medical conditions do not necessarily excuse violence, they can provide a judge and jury with a bigger picture of the incident and why it occurred. At Anthony Z. Vargas, Esq., our San Diego domestic violence lawyer understands the nuances in these cases and can present evidence and arguments that can help get your charges reduced or dismissed. Call us now at 858-859-1224 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

selfhelp.courts.ca.gov/DV-restraining-order?rdeLocaleAttr=en