Colorado's domestic violence laws are strict in order to protect victims and hold perpetrators accountable for their actions. In accordance, many individuals believe that they will not need the legal assistance of a domestic violence defense attorney. Joslyn Law Firm | Franklin County Domestic Violence Lawyer. In fact, I have seen a number of domestic violence cases in which the defendant's own statements ended up being the only evidence against him at trial. Remember, even if these reasons apply to you, do not ignore your subpoena, or else you may be held in contempt of court. Depending on the victim and the circumstances, you could be sentenced to several years in prison and a fine of up to $10, 000. Privilege applies in the following situations: Privilege against self-incrimination: means that you can refuse to answer questions or hand over documents that may implicate you in criminal proceedings. Such testimony would be considered hearsay, which is inadmissible in court, and would not substantiate a claim of domestic violence. If you fail to appear when you're ordered to appear for a criminal matter, what will happen is that the court will issue something called a bench warrant. A friend or relative of the accuser cannot testify to the alleged domestic violence unless he or she witnessed the actions firsthand. In the most common scenario the call goes out to the police that domestic violence is going on somewhere. While the call will have to be evaluated to determine if it is admissible, if it is, it can be detrimental to your case.
Taking a violent criminal off the street could outweigh the victim's desire to drop the charges. Do not contact the alleged victim or anyone close to the victim. In essence, the prosecution may not necessarily require the victim's cooperation to build a case. However, where a victim of assault is no longer available for trial or does not show up, it is still possible for the Crown to pursue a conviction without the victim's live testimony. Moreover, you can provide the prosecutor and/or victim services with a written character reference, which will help them to understand your relationship with the accused beyond the one incident, as well as humanize the accused by highlighting good things about their character. You might assume that you do not need to worry about a criminal conviction if a domestic violence victim does not want to press charges.
June 3, 2021 | Domestic Violence. Don't blame the victim or yourself. Even when the victim does not want to press charges, the police can gather evidence and proceed with requesting criminal charges. Can you be forced to go to court as a witness? Keep in mind that victims are considered witnesses to a crime but not all witnesses are victims. Call VINE for information or to sign up for free phone or email alerts! You should go to court if you get a summons - you can be arrested and taken to the court by the police if you don't. As mentioned, you as the victim may be legally compelled to attend court by a subpoena. If children are involved, charges related to domestic violence could negatively affect any future custody proceedings. No matter what their conduct, however, anyone charged with a domestic violence offense is treated similarly in domestic violence court. The prosecution may still proceed to trial without the alleged victim's testimony if there is other evidence that the abuse occurred, such as bruising or other manifestations of physical abuse, testimony of third party witnesses, or incriminating statements made by the defendant. Clueless Star Arrested on Suspicion of Domestic Battery. Securing an agreement is a better outcome than being placed in the domestic violence diversion program or pleading guilty to the charge. Child Custody - In family law cases, a domestic violence conviction can be used as evidence against a parent in child custody proceedings, potentially affecting the parent's ability to maintain or obtain custody or visitation rights.
This order would allow you to return home to live with your significant other and/or see your kids while the case is pending. If the victim does not wish to testify the Attorney General may dismiss the case or make other arrangements. Second, if the perpetrator of the domestic violence is removed from the situation, then the victim gets some breathing room and the time and space to calm down and make important decisions based upon rational thought and not upon fear or desperation. Even if the victim declines to press charges, you will still be arrested if there is evidence and probable cause. Prosecutors can also look for evidence that will corroborate the crime. Our criminal defense attorneys explain. What Should I Do if I Am Charged with Domestic Violence in California? What should I do if I am afraid to testify? In such circumstances, you could file an affidavit or statutory declaration explaining that your initial account was incomplete, and then explain in detail the more complete and accurate version of events. Generally, law enforcement becomes involved in one of two ways: - Someone (either the victim or someone witnessing the incident) places a 911 call to police, followed by an arrest (after which the police file charges or issue a DV warrant); or. What Gives the Police the Right to File Charges for Cases of Domestic Violence or Sexual Abuse?