If you have been charged with domestic violence, building a strong defense case is crucial. Not only will the prosecution offer evidence in an attempt to prove that you are responsible for domestic violence, but you and your lawyer can also use evidence to argue that you are not responsible. Leifert & Leifert is familiar with evidence in Broward County domestic violence claims, which is why working with an attorney is so important. Our team offers proactive legal support to help you build the strongest defense possible.
Domestic violence is defined under Florida Statutes § 741.28. The most common domestic violence charges include assault, battery, stalking, and false imprisonment. These types of allegations may arise between spouses, co-parents, dating partners, and other types of household members. The ambiguous nature of these claims is one reason why you should seek help from a domestic violence attorney immediately. Some types of evidence can be used in court to support or defend against these allegations.
Physical Evidence
Physical evidence includes injuries and damage to property. Photos, medical records, and documentation are all examples of evidence that each side may use to argue that a specific event happened. For instance, a photograph of a broken phone or torn clothing could support allegations that violence occurred. Weapons and objects allegedly used in an incident may also be considered evidence.
A defense strategy for a Broward County domestic violence case may include challenging physical evidence. In fact, an attorney can also file a motion to suppress physical evidence that may have been unlawfully obtained.
Digital Evidence
Digital evidence may include social media messages, text messages, and emails. For instance, a threatening message could be used in court as proof that an individual intended to carry out violence against a household member. Not all evidence includes direct messages between two people. In fact, digital evidence may include GPS data, call logs, or timestamps. A social media post submitted just minutes before an incident could become a key piece of evidence for the State. Lawyers will analyze the metadata from messages and photos to determine when and where they were taken.
Surveillance or video footage is also useful in court. Evidence can include videos from ring doorbells, business security cameras, and in-home surveillance. This evidence can provide an objective viewpoint in many domestic violence cases in Broward County.
Witness Testimony
Statements from neighbors, children, roommates, and even bystanders can be used in court. In court, a lawyer will question the credibility and consistency of these witness statements.
Observations made by law enforcement, including police reports, can also be used in the courtroom. Police reports often include information about officer observations, suspect behavior, and the physical condition of all parties involved. Lawyers will examine these reports to look for patterns or inconsistencies. For example, bodycam footage may contradict a written report.
Acting Quickly to Protect Your Rights
A lawyer can help you demonstrate that your actions were self-defense or that the evidence is inconsistent. Early representation can help challenge evidence in Broward County domestic violence claims. The Attorneys at Leifert & Leifert can provide guidance as you begin building a defense.
A free consultation can open your eyes to the options available in your domestic violence case. A proactive strategy may be exactly what you need to build the strongest defense. Call now to learn more.
