The sole purpose of Police investigating domestic violence is to obtain more evidence about the alleged violation. Even though you may think interviews with the Police are an opportunity to show your innocence, any interaction with the Police is risky. The evidence they aim to gather can serve as the basis for an arrest and eventual criminal prosecution.
You must understand the nature of this evidence. This can limit your exposure during an investigation and call the usefulness of this evidence into question at trial. An experienced criminal defense Attorney can explain the general categories of evidence in Delray Beach domestic violence claims and how they are vulnerable to cross-examination in Court.
Direct Evidence from Photos, Videos, and Other Recordings
Many examples of evidence in domestic violence cases in Delray Beach are physical evidence. Police can use this evidence as supposed proof of physical abuse, unwelcome contact, and violations of existing protective orders. Examples of this proof may include:
- Video clips
- Medical records
- Surveillance video
- Audio recordings
In each instance, it is vital to view this evidence with context. For example, just because a supposed victim takes a picture of bruises or cuts does not mean an alleged abuser caused those injuries. Video of a suspect entering the home of the subject of a protective order does not imply a supposed victim did not initiate contact. A Lawyer will work to challenge the usefulness of documentary evidence in domestic violence cases.
Other domestic violence cases will center around the stories alleged victims tell Law Enforcement. They may claim a defendant struck them in anger or has repeatedly been contacting them, making them afraid for their safety. These statements may also allege a defendant has made threats against a shared child or another family member.
Police Officers have a duty to take these statements at face value. However, an alleged victim’s statements are rarely enough to justify a conviction on their own. For example, an alleged assault case should include physical evidence of abuse.
An attorney can work to challenge the truthfulness of these statements. In many cases, an alleged victim has fabricated stories in an attempt to get a defendant into trouble with the law. In other situations, a suspected victim simply cannot clearly remember a consensual encounter. Both examples are situations where effective cross-examination at a Delray Beach domestic violence Trial can call evidence into question which may lead to a not guilty verdict and dismissal of all charges.
An Attorney Can Explain the Types of Evidence in Delray Beach Domestic Violence Claims
Law Enforcement has many types of evidence they can use to build domestic violence cases. Whether the allegations involve supposed acts of violence, unwelcome online contact, or even sexual abuse, Police must have evidence to make an arrest.
This evidence typically comes in one of two forms. The first is documentary evidence in the form of photos, videos, and official records. The other is testamentary evidence, often in the form of alleged victim statements. An Attorney is ready to explain the role of evidence in Delray Beach domestic violence claims. Leifert & Leifert is prepared to challenge the value of this evidence in Court to create reasonable doubt at trial. Reach out now to discuss your case and defense options.