Evidence in Richmond Domestic Violence Cases
The law takes domestic violence charges seriously and there could be harsh penalties for someone who is convicted of this crime. That is why it is important to provide evidence that backs up a charge – or counter-evidence that can thoroughly disprove an accusation. An experienced domestic assault attorney could explain to you what may be needed when it comes to evidence in Richmond domestic violence cases.
How a Lawyer Could Help with Evidence
A person facing criminal domestic violence charges should consult with a lawyer because they are familiar with the jurisdiction and could properly counsel someone on what they think their best chances are of success. They also know what could be used as evidence both for and against a case, so speaking with a lawyer early could help preserve any evidence that might affect the course of the proceedings.
What Evidence is Usually Used in Domestic Violence Cases?
The nature of evidence that is generally used in Richmond domestic violence cases is testimonial evidence. Typically, that refers to an individual telling their story about what happened. In most instances, there will not be photographic or video evidence to support the claim. But on occasion, especially with the rise of smart phones, an incident might be recorded and put into evidence. The accuser might also point to statements or apologies by the accused that were posted onto social media, texted, emailed, or through some other method. If the violence led to bruises or other markings on someone’s body, photos of those bruises can bolster someone’s claim.
What Evidence Would be Beneficial to Someone Accused of Domestic Violence?
The type of evidence that a lawyer would want to compile with their client depends on what the defense is. If the accused’s defense is that they did not engage in the violence as described, then they would want to gather evidence to show that the accuser is lying about the situation.
If the accused admits to the act but believes they had a legal right to it, they want to gather evidence that shows all the different factors that led to them being placed in a situation in which they had to defend themselves. That could include video or postings from the alleged victim that backs up the accused’s case, third-party witnesses who could testify that it was in self-defense, or anything else that might prove a person was just trying to protect themselves. The evidence presented in local domestic violence cases does not necessarily have to disprove that an altercation happened.
Getting Evidence Dismissed
If the accuser provides photos or video that purports to show the incident in question, the other party’s lawyer could try to determine if the evidence has been altered in any way; or argue that it is inconclusive as to the identities of the subjects involved or the actions being done. If there is testimonial evidence involved, a lawyer could show that the statements are simply hearsay and cannot be authenticated, that they are more prejudicial than probative, or that they are irrelevant to the matter at hand.
To get certain witness testimony thrown out, domestic violence lawyers could look to relevancy. If somebody is either testifying to something that is irrelevant to the case or is testifying in a way that is more prejudicial in nature than probative to the case, they could get the evidence suppressed in that manner.
Discuss Potential Evidence in Richmond Domestic Violence Cases with an Attorney
If you have been falsely accused of domestic violence, or you believe a physical altercation was necessary for your own safety, you can fight against a charge in court. The outcome of a case usually hinges on the evidence presented by both sides. Contact a lawyer who knows how to handle evidence in Richmond domestic violence cases. Time is of the essence and you need an experienced litigant on your side.
