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GENDER PERSPECTIVE · CRIMINAL DEFENCE

Criminal Defence for Women Charged in a Domestic Violence Context

If you have been charged with assault, threats, breach of a court order, or you have been the subject of a counter-complaint, what defines the case is the context. We provide a technical defence with complete confidentiality, and we coordinate the criminal proceedings with your family court situation where that is relevant.

Discreet and confidential service in Buenos Aires City (CABA) and Province of Buenos Aires.

If the matter involves a serious charge, see our dedicated pages: Homicide defence · Self-defence

Three typical situations where the case file tends to “lie by omission”

Many cases are built by looking at the incident in isolation. In domestic violence matters, this frequently produces unjust or disproportionate charges. We litigate to ensure the case file reflects the complete picture.

1) Counter-complaint (a pressure tactic)

You make a domestic violence complaint and a complaint then appears against you for assault, threats or other charges. This is typically aimed at “levelling the playing field” or creating leverage in family court. The defence relies on a timeline, prior evidence, witnesses and expert examinations to show who was actually in a position of vulnerability.

2) Violence in a relationship context (assault / threats)

When the case file strips out the context, the charge becomes “automatic”. Our approach is to reconstruct the prior history, previous episodes, messages, injuries and the pattern of control, in order to contest the charge and seek an early resolution (discontinuance, no case to answer, dismissal, depending on the circumstances).

3) Coercion and vulnerability in federal cases (e.g. drug offences)

In situations involving control, dependency, threats or exploitation, many women end up involved in conduct they did not freely choose. We work to establish the coercive context and the circumstances of vulnerability with concrete evidence, and to challenge the “easy narrative” that the system often imposes.

Practical guidance and urgent steps

If you receive a summons

Do not attend a formal questioning alone if you are the accused, even if it is presented as “a routine matter”. A poorly worded statement can have consequences in both the criminal and family proceedings.

The threat of losing your children

This is a common pressure tactic. A well-structured criminal defence helps to prevent the abuser from using the case file as a tool against you.

Urgent protective measures

If you are living with the abuser or there is an immediate risk, we assess what urgent protective measures are available in your jurisdiction and case.

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If your case fits better into a specific area, we refer you internally:

Decisions and criteria: what courts and prosecutors actually look at

We do not improvise. The defence is built on evidence, expert examinations and the criteria applied in real cases involving gender and vulnerability — particularly in cases constructed around counter-complaints or coercive contexts.

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Database of decisions on gender and vulnerability.

Frequently Asked Questions

Yes, it is common for proceedings to be initiated on the basis of the visible incident. The key is to work the context: prior history, messages, previous episodes, witnesses, medical records and expert examinations, to contest the charge and seek an early resolution depending on the circumstances.

It is when, after you make a complaint, the abuser files a complaint against you — typically for assault, threats or other charges — in order to pressure you or influence family court proceedings. The defence relies on a timeline, prior evidence and expert examinations to demonstrate the real picture.

It is not automatic, but it can be used as a pressure tactic. Coordinating the criminal defence with your family court situation helps to prevent biased readings of the case file and to protect your position.

Do not let the case file define you without your complete account

We assess your case with full confidentiality. We organise the evidence, the context and the strategy from the very first day.

Quick references for defending yourself if you have been charged in a domestic violence context: complete evidence, oversight of the proceedings and strategy for protecting your liberty and any measures imposed.

Gender and vulnerability: criteria and useful decisions
Assessment standards, protective measures, stereotypes and how prior violence contexts are analysed.
Topic
Dismissal on self-defence grounds in a domestic violence case (Case K.A.A.)
A strong decision for sustaining a self-defence argument with contextual evidence (prior history, risk, necessity and proportionality).
Case
Self-defence in a domestic violence context (Case Pérez — CSJN)
Useful for contesting evidentiary assessment, context and the “reasonable doubt” standard in sensitive cases.
Case
Digital evidence: WhatsApp, audio recordings, screenshots and expert examinations
How to demand complete chat histories (not excerpts), audio recordings, metadata and chain of custody: how to request and how to challenge them.
Guide
Exclusionary rule: unlawfully obtained evidence and useful nullities
For challenging evidence gathered improperly (seizures, intrusions, deficient records, evidentiary shortcuts).
Guide
First hearing / formal questioning: what to do and what to avoid
How to arrive with a minimum defence theory, urgent evidence requests and without “unforced errors”.
Guide
Liberty, pretrial detention and coercive measures
How to neutralise procedural risks and support reasonable alternatives (community ties, treatment programmes, conditions, etc.).
Guide
Oversight of the prosecution: objectivity, limits and complete evidence
For requesting complete evidence (CCTV, reports, full message histories) and stopping decisions based on excerpts.
Guide
Self-defence and excess: requirements and how it is proved
Unlawful attack, rational necessity and lack of provocation: the framework for organising the case with evidence.
Doctrine
Culpability and inexigibility: when alternative conduct cannot be demanded
A key tool for framing contexts of submission, fear, dependency or sustained prior violence.
Doctrine

If there is a real emergency (detention, search, ongoing measures), go directly to 24-hour Bail & Release.

Personalised Assistance
Hello! If you have been charged in a domestic violence context, we can review your case confidentially and define a strategy.
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