What Evidence is Used in Family Violence Cases?

 Posted on May 06, 2024 in Family Violence

Domestic violence cases can be hard for the prosecution to prove. Family violence rarely happens in public places in front of neutral witnesses. Assaults and batteries between people who are or were in a romantic relationship, family members, and others who live together usually happen in the home. If there is violence taking place, it normally stops as soon as the parties involved become aware that the police have arrived, so the officers only witness the aftermath. These circumstances can make it very difficult for the officers to determine who the primary aggressor is. If you have been accused of family violence, you need a knowledgeable Collin County, TX criminal defense attorney.

Types of Evidence Used in Family Violence Cases 

Your attorney can explain any evidence likely to be used against you in court and any evidence he may use to defend you if your case goes to trial. In some cases, there is so little or so strong evidence that you were not the aggressor that a charge can be dropped without going to trial.

Types of evidence that are frequently used in family violence prosecutions include:

• Injuries - The injuries on both the alleged victim and the alleged offender are often the most important piece of evidence in domestic violence trials. Police normally photograph any visible injuries on the victim and obtain medical documentation if the victim was treated in the emergency room or urgent care. The problem here is that the victim may injure the assailant in self-defense, and police cannot always tell the difference between defensive injuries and injuries caused by the aggressor. 
• Witness testimony - Although it is unlikely that anyone saw what happened, neighbors often overhear the dispute leading up to a physical attack. Neighbors may sometimes be called as witnesses to explain what they heard. There is a problem with this type of evidence as well - the victim may well have been the one screaming and shouting out of fear. 
• Damage to property or clothing - The police will examine the place where the alleged violence happened looking for signs of what happened. Things like broken dishes that may have been thrown, holes in the wall that match injuries on the victim, or torn clothing that indicates one party was grabbed may all become important. 

Contact a Frisco, TX Family Violence Lawyer 

Law Offices of Biederman & Burleson P.L.L.C. will carefully review all evidence that may be used in your family law case. Our skilled Collin County, TX family violence attorneys have won hundreds of trials. Contact us at 469-333-3333 for a complimentary consultation.