Domestic violence is often a dirty secret kept behind closed doors. Friends and family are often unaware of the abuse. If the abuse is reported to the authorities, the spouse is often reluctant to pursue charges.
This makes it difficult to prosecute the perpetrator, even when the abuse turns violent, which is precisely when the evidence is most important. but, Complexity of evidence in domestic violence It can also disrupt even the best planned cases.
Types of evidence in domestic violence cases
Jurors and judges expect to hear and see evidence in any type of criminal case, which includes cases involving domestic violence.
Did you know this? One in three women and one in four men are exposed to some form of violence At the hands of their partners? The type of violence varies from pushing and shoving to slapping, hitting and kicking. Regardless of the type of abuse, you have the legal right to press charges.
Once charges are filed, stopping the legal process is difficult, and even if you are too afraid or ashamed to continue with your case, the prosecutor can decide to continue moving forward. While your testimony is extremely helpful, a domestic violence case can also rely on evidence alone – after all, even with your testimony, evidence is still needed to support your claim.
There are five common types of evidence used in domestic violence cases:
- certificate
- physical
- documentary
- Rumours
- creative
Here's a more in-depth look at these types of evidence and how they can help support your domestic violence claim.
certificate
Testimonies are given under oath. If a witness lies, charges of perjury could be brought. Perjury is a misdemeanor crime Which carries fines and possible jail time. The penalty for perjury is usually left to the presiding judge.
Most testimony is given in open court, but there may be exceptions. If the defendant informs or threatens the witness, in some cases, asylum may be granted. This allows the witness to testify in writing or via video. In addition to your testimony as a victim, the prosecuting attorney may also call direct witnesses, experts, and character witnesses.
Direct witnesses are individuals with direct knowledge of the violations; They have witnessed violence against you on one or more occasions.
Expert witnesses do not need to have direct knowledge of your abusive situation. Instead, they are experts in their field and are called upon to make points with which the court may not be familiar.
Character witnesses may not be able to testify about the abuse, but they can verify your character.
Sometimes, character witnesses are a vital part of a domestic violence case. Your abusive partner may try to discredit you in court and these witnesses can refute the defense's claims.
Physical evidence
The physical evidence is tangible. The judge and jury can hear or see the evidence. Some examples of physical evidence include, but are not limited to:
- Emails and text messages
- Videos
- Audio Recording
- Social media posts
- the pictures
- dud
- Weapons used in the attack
- Letters and other types of documents
Even shredded documents can be entered as evidence in a domestic violence case. The basic requirement is that the evidence must be relevant to supporting your claim. In other words, only your attorney can provide the relevant information.
Documentary evidence
Documentary evidence can also be physical, hearsay, or original evidence. There are a few types of documentary evidence that can be presented in a domestic violence case:
- Medical documents describing your injuries or emotional state. Some witnesses may also qualify as documentary evidence. For example, a nurse witnesses abusive behavior toward you during your admission to the hospital or during a routine medical examination.
- Police reports documenting suspected assault or violent behavior
- If your partner is going through another criminal case. Documents from the other case may be relevant to your case
- Messages from organizations that support victims of domestic violence
Your lawyer may also provide letters from organizations that support people in difficult situations, such as social services.
Hearsay evidence
Hearsay evidence is a sensitive topic, because since… Evidence is hearsay because it cannot be verified. Although hearsay testimony is rarely allowed in court, it can often be provided during the penalty phase.
This type of testimony is not as strong as physical evidence, but don't dismiss it as completely worthless. Sometimes, hearsay can be used to back up a photo or audio recording. Hearsay can be the difference between an offender receiving a lighter or harsher sentence.
Original evidence
Original evidence is more difficult to explain than some other types, and is used to corroborate your claim of domestic violence. For example, if your partner threatens to kill you during an assault, you can use his threat to support your claim that you are in a life-threatening situation.
Because original evidence is similar to hearsay, it is not always admissible in court. However, there is no harm in trying to obtain it, and sometimes, the original evidence will be presented during your deposition. As you describe the violent incident, you may also repeat the words and phrases used during the attack.
Collect evidence safely
Unfortunately, it is often up to the victim to gather evidence of their abuse, but doing so can be, and often is, extremely dangerous. After all, abusers don't want their dirty secret to be exposed, and victims rarely enjoy putting themselves in danger.
However, if you can document at least some of the abuse, it can go a long way toward proving your case — and this can include recording your abusive partner separately, taking photos of your injuries, and, most importantly, reporting the abuse to others. Even if it's just a close friend or family member, it's helpful to have extra support.
To help ensure your safety, keep collected evidence in a safe place, which usually means outside your home. You should also have copies of everything stored separately, just in case.
Contact a divorce attorney who specializes in domestic violence cases
It is not recommended to remain in an abusive relationship, because such situations rarely improve and often escalate in severity. If you find yourself in the grip of domestic violence, it is essential that you seek help immediately.
Whether it's contacting the authorities or consulting a divorce attorney, these professionals can provide essential assistance in safely exiting the relationship. Not only do they prioritize your safety and well-being, but they also work hard to ensure that your partner is held accountable for their actions, thus preventing further harm to you or others.
