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how to obtain evidence in a domestic violence case

The Trouble with Evidence in Domestic Violence Cases

February 21, 2019Eric G. Johnson

If a prosecutor had to list his or her most problematic cases, domestic violence matters would be near the top of the list. Such cases are enormously hard to prove, mostly because of the relationship between the plaintiff and the defendant makes it difficult to obtain evidence. Unfortunately, domestic abuse is underreported to the proper authorities, meaning that few people call the police in the moment of abuse. Without police reports and the lack of a paper trail, these cases are tricky to prosecute.

Table of Contents

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  • Domestic Violence is Hotly Contested
  • Physical Evidence
  • Witnesses in a Domestic Violence Dispute
  • Louisiana Criminal Lawyers Fight For You
  • Call a Criminal Defense Attorney Today

Domestic Violence is Hotly Contested

Many domestic violence cases happen behind closed doors and with few witnesses; therefore, the only people who know what happened will likely give different versions of the same story. Typically, these cases pit the alleged victim’s word against the defendant’s, and the judge or jury must determine who is telling the truth.

Prosecutors must work hard and collect other types of evidence to prove a domestic violence dispute. It’s important for victims to hold on to whatever clues they can, whether it’s photographic proof, recorded conversations, or witness testimony.

Physical Evidence

Prosecutors will attempt to admit all the physical evidence they can because juries would rather rely on facts than witness testimony alone. Photographs of a victim’s injuries or destroyed property are powerful evidence in domestic violence cases. Experienced defense lawyers may be able to offer alternate explanations for some types of physical evidence. An attorney’s skill in interpreting the testimony may make or break a case.

Witnesses in a Domestic Violence Dispute

As in other criminal matters, domestic violence witnesses can be those who heard or saw the incident. In these cases, there are three kinds of witnesses: victims, bystanders, and responding officers. All witnesses may receive subpoenas and must take the stand. Although many domestic violence incidents occur when and where there are no witnesses, this testimony may prove invaluable.

Louisiana Criminal Lawyers Fight For You

While domestic violence cases are difficult to prosecute, defeating such charges presents a challenge that may carry life-altering consequences for a defendant. Anyone accused of domestic violence in Southern California should seek help from a skilled defense attorney. The sooner you talk to a lawyer, the more time you’ll have to build a defense and find enough evidence to prove your case.

Call a Criminal Defense Attorney Today

Our team at The John D. & Eric G. Johnson Law Firm has been defending clients for over 30 years throughout Louisiana. Attorney Eric Johnson works tirelessly to attain the most favorable outcome possible in criminal domestic violence cases. Call (318) 777-1555 or complete our contact form for a free consultation.

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Attention: While this website provides general information, it does not constitute legal advice
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John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
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John D. & Eric G. Johnson Law Firm, LLC
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