Allegations of domestic violence can have a profound impact on your life. They can lead to jail time, fines, probation, restraining orders, loss of custody and visitation rights, and even a criminal record that can prevent you from getting a job.
An experienced domestic violence defense lawyer can help you defend yourself against these allegations. They can find evidence of false claims or uncover investigative errors that could affect the validity of charges against you.
Gathering Evidence
In domestic violence cases, evidence comes in many forms. The prosecution will use any physical evidence, such as photos of injuries or broken property, and medical reports from either the victim or you. They will also rely on any statements made by the alleged victim to police and their observations at the scene.
As in any other criminal case, the prosecutor must be able to prove you are guilty of the crime beyond a reasonable doubt. Therefore, an excellent domestic violence defense lawyer will look for evidence that might undermine the prosecution’s case against you.
For example, if you are charged with assault, your lawyer may argue that the attack was unprovoked. A good defense will include evidence such as video recordings of the incident, emails or text messages between you and your accuser, and any other official report or witness testimony that would support this argument.
In domestic violence cases, finding any information that might show the alleged victim’s account of events is false or at least questionable is especially important. Often, victims of domestic violence do not wish to testify against their abusers and are not believed when they do. Your defense will seek evidence contradicting the alleged victim’s testimony, such as medical records or forensic testing results.
Interviewing Witnesses
Whether the case involves misdemeanor domestic violence, which is prosecuted or an arrest for a felony, handled in Family Court, the law requires thorough evidence investigation. This includes witness interviews.
This process of interviewing witnesses helps the defense attorney determine if there is evidence to challenge a defendant’s case. This step can also help the attorney rebut witness testimony inconsistent with other evidence.
Interviews can be conducted in various ways, from simply talking to the witness on the phone to more formalized approaches such as subpoenaing company records or summoning witnesses by police to give statements under oath. A domestic violence lawyer will explore every avenue to get the necessary information and defend their client’s rights.
A domestic violence defense lawyer needs to be present at a witness interview. Without a domestic violence lawyer, the witness may think they have been coerced into giving a statement. The defense attorney can then ensure that the witness is treated fairly and that the prosecution isn’t improperly influencing the witness.
It’s also a good idea to have a third person present at the interview to serve as an impeachment witness, should that be necessary. Group interviews can be a poor way to conduct an interview (since one of the other people in the room will be taking sides). A witness is more likely to be candid when they are alone.
Negotiating with the Prosecutor
Domestic violence charges can have a profound impact on your life. They can also lead to serious criminal convictions and lifelong stigma on your record. The best way to defend yourself against these charges is to work with a criminal defense lawyer who understands the protocols of the police and prosecutors. A domestic violence defense attorney could act as your liaison between the decision-makers and fight for a plea bargain.
The term “plea bargain” refers to a negotiation with the prosecutor where they agree to dismiss some or all of your charges in exchange for your guilty plea. This can occur at any point during the legal process, from the arraignment to the trial verdict.
Your domestic violence defense lawyer will fight to keep a prosecutor from using evidence they know is invalid. For example, they will argue that the alleged victim’s prior false allegations about you should not be admissible in court. Your defense lawyer can also file motions to exclude specific evidence and prove insufficient proof to continue the trial. These motions can include arguing that the evidence violates your constitutional rights to due process and fair trial. The results of these motions can significantly influence the outcome of the case. The more information your attorney can present to the prosecutors, the better your chances of getting a plea agreement or even having your case dismissed entirely.
Preparing for Trial
Whether they are false accusations or not, domestic violence allegations can have serious ramifications for the accused. Aside from potential jail time and fines, they can result in restraining orders, loss of custody rights for children, and other social and economic problems. These can also ruin the accuser’s reputation in the community and damage their relationships with friends and family members.
To mount a strong defense, a domestic violence lawyer can examine police observations and evidence and interview witnesses. They can also review the background of the accuser, their previous relationship history, and their motives for making the accusations.
They can then prepare for trial by drafting a court document known as a brief, which outlines the case’s arguments and evidence. They may also question prospective jurors as part of a process called voir dire. Some trials are bench trials, decided by a judge alone, while others are jury trials, in which the accused and the prosecutor both call witnesses and present evidence.
A strong and effective domestic violence defense lawyer can help their client avoid severe charges, restraining orders, and other consequences. They can also defend clients against false accusations by demonstrating that the accuser’s story does not add up and that the alleged assault or threats were fabricated for ulterior motives such as revenge or a desire to gain leverage in a divorce or custody dispute.
