If you have a pending domestic violence case in court, understanding the tactics state prosecutors may use against you can help prepare you for what’s to come and how to help your legal team collect the best evidence that would rule in your favor.
Prosecutors will often rely on victim testimony, photos, any previous domestic violence charges by the alleged abuser, and a few other tactics.
What Is Domestic Violence?
During a domestic violence hearing, the prosecutor has the burden of proving the legal definition of domestic violence was met.
Domestic violence crimes are characterized by physical abuse and threats between two people who are in a close familial or social relationship. This means the relationship between the alleged abuser and victim may be a romantic relationship, spousal, parental, living together, or have a child in common.
If this definition isn’t met, a case can be thrown out.
How Can A Prosecutor Prove Domestic Violence?
A prosecutor will use any medical records and photos to try and prove domestic violence occurred. Often a vital part of the prosecution will be victim testimony. If the victim is unwilling to testify, the prosecutor may approach the alleged abuser with a plea bargain to try and settle the case.
If the case does go to court, the prosecutor will try to paint a picture of violence to the judge or jury. If you have any prior domestic violence convictions, the prosecutor will rehash these in court.
The prosecutor will also use phone records, 9-1-1 calls, and any written police reports to help prove their case.
What Should I Do If I’ve Been Charged In A Domestic Violence Case?
If you’ve been charged in a domestic violence case, contact the Knox Law Center right away. Often, the accused will be bullied into unfair plea agreements, so enlisting your legal counsel right away can mean the difference between serving jail time or not.
Do not contact the petitioner, or alleged victim, in the case — even if you intend to try and make peace outside of the courtroom. Getting the petitioner may result in more jail time for you and will be seen as trying to intimidate them.
We offer complimentary consultations to discuss your case and help you get started. The team at the Knox Law Center understands North Carolina Domestic Violence laws and can allow you mount a defense that can help you regain your life back.