Evidence in Virginia Domestic Violence Cases
Domestic violence cases are complex, which is why a defendant facing charges should consult with an experienced attorney right away. There are a variety of different potential outcomes based upon the locality, the circumstances of the case, the prosecution, and the way evidence is collected. A seasoned lawyer could help you with gathering evidence in Virginia domestic violence cases and building a strong defense. Call a dedicated domestic violence attorney today.
Common Evidence in Domestic Violence Cases
There is a variety of evidence used in Virginia domestic violence cases but it typically comes from the same sources. Common evidence includes:
- Call to the police
- Statements from both the alleged victim and the accused
- Video footage
- Subsequent statements by the accused subsequent to their arrest
Other circumstantial evidence may be admissible such as conversations between the parties, prior history, and independent witnesses, including family members or children.
Gathering Evidence for a Defense
When an attorney is building a defense for domestic violence, they want as must evidence as possible. As a general rule, a lawyer who is defending a case wants to know everything. They want to know everything the prosecutor knows. Also, a lawyer wants to know what the prosecutor may not know because the defense attorney has the benefit of knowing what the defendant will say if called to the stand and the prosecutor might not necessarily know that. Any type of evidence in a Virginia domestic violence case that is available – whether it is witnesses, statements, audio recordings, video recordings or photographs – an attorney is going to want to obtain as soon as possible.
Getting Evidence Thrown Out
There are a variety of ways to deal with evidence that is negative for a case. The attorney will want to investigate how that evidence was initially collected to see if it was done in violation of the defendant’s rights. They will also want to know if there are ways to undermine that evidence. If it is a testimony, are there credibility issues? If it is video or photographic evidence, can it be properly authenticated? There are a variety of ways that the foundation for evidence must be laid out in order to prove to be admissible and considered by the court.
Testimonies are crucial evidence in Virginia domestic violence cases. Virginia lawyers have certain methods to get certain witness testimonies thrown out, depending on the nature of the witness testimony. If there is testimony that is not favorable to the defendant, they want to know if it is admissible. Is there some exception to the hearsay rule that allows the testimony to come in? Does the person have direct knowledge or is it indirect? Are they making allegations that are facts or are they opinions? All these things are important in determining how to confront witness testimony.
If you have any questions about evidence in Virginia domestic violence cases, reach out to a skilled attorney today. A local lawyer could advocate for you and possibly help you reach a favorable outcome to your case.