If you were charged with a domestic violence offense in Fairfax, you may be the subject of an investigation. Law enforcement may try to talk to witnesses, review evidence, and examine physical injuries in order to determine who was the primary aggressor in the case. The unique aspects of this case could cause the accused individual to be removed from the home if they find enough reason to do so. This is done as an effort to protect the alleged victim. Reach out to a seasoned defense attorney for more information on the Fairfax domestic violence investigation process.
Law enforcement uses a variety of techniques to determine the primary aggressor in this case. They would talk to witnesses, review forensic evidence, and use basic police work and observations. They would look at who called, listen to the 911 call, talk to the dispatcher, and look for physical injuries or physical marks. They also would look for damage to property and other signs consistent with physical aggression.
Most of the officers that respond to domestic violence cases are trained in observing aggressive versus defensive signs, like bruising and redness. They may be looking to see whether or not they struck another person with force. They may observe scratching, redness, marks, bruising, and other signs of an altercation during the Fairfax domestic violence investigation process.
The difference between domestic violence cases and other criminal investigations is the arrest and removal of the primary aggressor. Domestic violence cases may be resolved by charging an individual with a felony or a misdemeanor or through no arrest at all. It is uncommon for an officer to report to a domestic violence scene and not make an arrest if they determine that an act of violence occurred.
This is because the officer’s role is not necessarily listening to the victim or to the aggressor, but to the needs of society and making sure they are doing their duty to protect people, even loved ones sometimes, from one another. Officers may have internal procedures in the Fairfax domestic violence investigation process that may require them to remove the aggressor from the home if they find that the accusation is viable. For example, if they view that a husband struck a wife or a wife struck a husband, they may remove the husband in order to prevent further harm.
Those charged with domestic violence often feel like they are treated as if they have already been convicted. This is because they are questioned by officers in a tone and with body language that indicates they are going to make an arrest decision. They may also be forcibly removed from a situation in the form of an arrest. A person under such conditions and duress should be quick to get in contact with an attorney immediately. An attorney can guide a person through which questions they should and should not answer during the Fairfax domestic violence investigation process.
Patrick Woolley Attorney At Law