How to win a domestic violence case

How to win a domestic violence case – general introduction.

Before discussing How to win a domestic violence case, let look at what is domestic violence.  Domestic violence calls “ domestic” because the violence takes place when the victim and the abuser are or have been in a close relationship. Such a relationship could be if they are married, domestic partners, live or lived together, related by blood,  dating or used to date,  have a child together.

The most general form of abuse is physical abuse – kicking, shoving, pushing, pulling hair, throwing objects, stalking you, and preventing you from freely going whenever you need to go. Domestic violence does not always have to be physical. You might have not a strong case, but the combination of verbal, emotional, and psychological abuse could be sufficient to move forward with a domestic violence restraining order. With this short introduction, let see to win a domestic violence case

There are two completely different approaches and case scenarios. The first one is How to win a domestic violence case if you are a victim of domestic violence and  How to win a domestic violence case if you were unfairly charged with domestic violence

How to win a domestic violence case if you are a victim

You might be able to obtain a protection order during the police visit. A protection order forbids the abuser from contacting you or approaching you or your children within a specified distance. If the abuser breaches the protection order, such as by contacting you or showing up at your workplace, you should inform the police.

Your claims of abuse will be investigated by the police. After the investigation, the police may refer the matter to the prosecutor, who will determine whether or not to prosecute the abuser with a crime.

How to win a domestic violence case is a matter of how much evidence you have. You should provide any proof of the abuse – photographed bruises, or wounds or any bodily injuries. Medical records from the emergency room or your doctor’s office may also be helpful.

If you have witnesses who saw how the abuser was attacking you, you must bring those witnesses to the court.

How to win a domestic violence case is also depends on how good your declaration for a domestic violence restraining order (DVRO) . The judge will read the paperwork for DVRO with the declaration before the hearing and it creates the first impression right away. If you are requesting a temporary domestic violence restraining order, the judge might decide based on the declaration you have submitted. So, you need to be specific describing not only the resent abuse which stimulated you to request DVRO but describes all incident in the past 2-4 months which would help the judge to make a decision. Be sure to attach all exhibits with evidence for each specific incident separately.

How to win a domestic violence case if you are defending yourself.

Sometimes good people are getting arrested and unfairly accused of domestic violence.

If there is not enough evidence to show you have committed domestic violence, your case will be dropped. If you have evidence to show you did not commit violence, you should submit it. An example would be you were not present at the location and in the time the victim is alleging, or someone saw you did not act violently.

If you are accused of domestic abuse, hire an attorney as quickly as possible. Before speaking with the prosecution or the police, you should have retained one. If you can’t afford a private attorney, you might ask the court to appoint a public defender for you. Public defenders will represent you, but they usually overworked and might not be able to act efficiently and fast.

You have a Fifth Amendment right not to testify against yourself. That why you need an attorney right away to make important decisions to make a proper choice under the circumstances of your case.

Sometimes, a defendant is appearing at the first hearing self-represented and they let the judge admit crappy evidence which would never become in if you were represented. If the judge does not have time to complete the hearing on the matter and continue on another day, you still have a chance to retain an attorney, but it would be more difficult for your attorney because the proper objections were not made during the victim’s testimony. You and your attorney would need to work on the evidence counteracting the testimony already made by the victim.

In any situation, whether you are a victim or a defendant in domestic violence restraining order case, you should be represented by an attorney because you do not know the rules of evidence as well as you are not aware of the art of objections. It is especially important if you have a divorce or paternity case going simultaneously with a domestic violence case – hire an attorney without delay. There is a very strong connection between DVRO and a divorce/paternity case.

 

Winning a domestic violence case in California requires a thorough understanding of the legal process, strategic use of evidence, and meticulous preparation. Whether you are the victim seeking protection or the accused defending against false allegations, these additional considerations can help strengthen your case.

How to Win as a Victim of Domestic Violence

1. Gather Comprehensive Evidence:

• Digital Evidence: Save threatening text messages, emails, social media posts, and voicemail recordings.
• Financial Records: Document any financial control or abuse, such as withheld funds, unauthorized spending, or economic restrictions.
• Police Reports: Ensure all incidents are reported to the police and obtain copies of the police reports.

2. Maintain Detailed Records:

• Abuse Log: Keep a detailed log of each incident, noting dates, times, and descriptions of the abuse. Include the impact on your physical and emotional well-being.
• Witness Statements: Collect written statements from neighbors, friends, or family members who have witnessed the abuse.

3. Seek Medical and Psychological Support:

• Medical Documentation: Regularly visit a doctor to document any physical injuries and their connection to the abuse.
• Therapy Records: Attend therapy sessions and obtain records from your therapist detailing the psychological impact of the abuse.

4. Use Expert Testimony:

• Medical Experts: Doctors can testify about the injuries and their consistency with abuse.
• Psychological Experts: Therapists or psychologists can testify about the emotional and psychological effects of the abuse.

How to Win as the Accused of Domestic Violence

1. Collect Exonerating Evidence:

• Alibi Evidence: Provide evidence showing you were elsewhere when the alleged abuse occurred, such as time-stamped receipts, GPS data, or witness statements.
• Character Witnesses: Gather statements from individuals who can attest to your non-violent character.

2. Challenge the Prosecution’s Evidence:

• Cross-Examination: Your attorney can cross-examine the accuser and witnesses to identify inconsistencies or exaggerations in their testimonies.
• Expert Testimony: Use experts to challenge the validity of the evidence presented against you, such as forensic experts to dispute the authenticity of digital evidence.

3. Present a Strong Defense Strategy:

• Self-Defense: If applicable, provide evidence that any physical actions were taken in self-defense.
• False Accusations: Show motives for false accusations, such as custody battles or financial gain.

Legal Representation and Court Procedures

1. Understand the Legal Process:

• Temporary Restraining Orders (TRO): Familiarize yourself with the process of obtaining or contesting a TRO, including the requirements for filing and the timeline for court hearings.
• Permanent Restraining Orders: Prepare for the hearing where the court will decide whether to issue a permanent restraining order. This involves presenting all collected evidence and witness testimony.

2. Work Closely with Your Attorney:

• Case Strategy: Develop a clear strategy with your attorney, including the types of evidence to be presented and the witnesses to be called.
• Courtroom Etiquette: Follow your attorney’s guidance on courtroom behavior, including how to present yourself and interact with the judge and opposing counsel.

Impact on Divorce and Custody Cases

1. Influence on Custody Decisions:

• Best Interests of the Child: The court’s primary concern in custody cases is the child’s best interests. Evidence of domestic violence can significantly impact custody decisions.
• Parenting Plans: Work with your attorney to propose a parenting plan that addresses safety concerns and provides a stable environment for the child.

2. Division of Assets:

• Financial Abuse: If financial abuse is part of the domestic violence case, it can influence the division of assets in a divorce.
• Spousal Support: Evidence of abuse may affect spousal support decisions, potentially increasing the support awarded to the victim.

 

 

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