A domestic violence charge can upend your life and cause significant long-term consequences. Even if the arrest resulted from an innocent misunderstanding, trying to manage your legal defense without help is unwise.
The quality of the evidence in Bridgeport domestic violence claims will significantly impact your options for resolving the charges. A lawyer at Ruane Attorneys could review the prosecutor’s evidence, find its weaknesses, and present proof supporting your position. We are here to help you achieve a favorable outcome in your case.
Evidence of Domestic Violence
Police responding to a domestic violence call must arrest the person they believe poses the greatest threat. The police rely on the appearance of any injuries, conditions at the scene that indicate violence might have occurred, and their experience and instincts when deciding which party to arrest.
Police photographs and the arrest report are common forms of evidence in a domestic violence case, but they do not determine the outcome. Sometimes, parties to the dispute or witnesses provide a credible explanation for the incident.
When someone faces a family violence charge, the judge usually issues a criminal protective order at the arraignment. As our Bridgeport lawyers can explain, the scope of the protection order depends on various forms of evidence, such as:
- The police report
- The alleged victim’s statement
- The Family Services Officer’s recommendation
- The defense counsel’s arguments
Evidence in a Request for a Restraining Order
Someone accusing another person of domestic violence may ask the court for a restraining order. This civil process could proceed even with no pending domestic violence charges. A restraining order could prevent someone from returning to their home, contacting the person who requested the order, or even seeing their children.
The initial evidence the judge considers in these cases is the sworn statement of the person requesting protection. They must submit an affidavit with the request for a restraining order. The affidavit must describe in detail why the person believes they need protection.
A judge must hold a hearing shortly after receiving the protective order request. The hearing allows the other party to offer their testimony, witnesses, and other evidence that might refute the domestic violence claims.
Countering Domestic Abuse Testimony
The testimony of the involved parties and witnesses often plays a significant role in domestic violence cases. Someone facing a criminal charge or restraining order should seek representation from an attorney with excellent cross-examination skills.
People sometimes misuse the civil and criminal courts to bolster their position in divorce and child custody disputes. A defense lawyer could challenge a party’s testimony and examine their motivations for the domestic abuse allegations.
Another way to counter damaging testimony is to prove that the defendant has taken steps to ensure a situation will not recur. For example, if alcohol was involved in the domestic confrontation that led to an arrest, the accused could present proof of their participation in an alcohol treatment program. Courts may consider proof that a defendant is engaging with a therapist, taking anger management classes, or making similar efforts when deciding how to resolve domestic violence cases.
Discuss Domestic Violence Evidence with a Bridgeport Attorney
If you face a criminal domestic violence charge or someone has requested a restraining order against you, an attorney should be your first call. Ruane Attorneys could help counter evidence in Bridgeport domestic violence claims in several ways, depending on the circumstances.
Work with a lawyer who puts your best interests first. Call our firm today to speak with a member of our team.