Evidence in a Hampton Roads Domestic Violence Defense

Evidence in a Hampton Roads domestic violence defense can potentially benefit the overall outcome of your case. A skilled family violence attorney can discuss getting counseling, especially if the client committed the act and they want to show contrition.

Types of Evidence in Domestic Violence Cases

The most common defense is either self-defense, defense of others or mutual combat. Self-defense is when a person instigates violence against someone and they respond to protect themselves or if they respond to protecting another person. Defense of others is where one party is being assaulted and a third party intervenes to defend that person.

The main source of evidence in a Hampton Roads domestic violence defense is typically statements taken by the police about the incident, as well as any photos of injuries or of the scene, or any witnesses. The best thing to help in these types of cases are witness statements that can both corroborate a person’s version of events and deny other parts of what the accuser says happened.

An attorney could try showing that evidence it is not admissible under domestic violence defense law. That means that it must be proven as either hearsay or it was acquired by the police improperly or it is otherwise irrelevant. Some lawyers may try to prove that the witness was coerced into making a statement or that they were not properly Mirandized ahead of time.

What Must the Prosecution Prove in a Family Violence Case?

If an accuser goes to a magistrate or calls the police, there will be a warrant issued. In between that time and when the person goes to court, the prosecution looks at the strength of the evidence as well as the willingness of the accuser to cooperate. Many times, alleged victims no longer wish to proceed and things may have calmed down. If they become difficult to work with, the prosecutors are less likely to want to proceed. A defendant and lawyer can meet with the prosecutor to try show this is not a case worth taking.

Evidence-based prosecution is where prosecutors rely on physical evidence more-so than witness recollection. They have to show that the accused committed an assault and battery, meaning that some sort of unwanted, offensive or harmful touching against a family or household member: spouse, child, parents, siblings or someone a person is cohabiting within a relationship.

Pros and Cons of Taking the Witness Stand

When the alleged victim is on the stand, there is an opportunity to ask them questions about their statement. Oftentimes, what they say in court may not match up to what they either told the police officers or what they told the magistrate when they swore at warrant.

If those two statements conflict, that something a defendant can use to their advantage. The risk of someone testifying in their own case as witness evidence in a Hampton Roads domestic violence defense, they risk hurting their case. An attorney could advise you as to when it is appropriate to take the stand in court.