Wise Proactive Decisions: Domestic Violence Series Part 3
Things You Should Do If You Are Involved In a Domestic Dispute
Unfortunately, responding law enforcement officers often arrive at the scene of a domestic dispute with preconceived assumptions about who the aggressor and victim is in the fight. This can taint their investigation and lead to evidence and testimony that is hard to challenge later on. But there are several things you can do to protect yourself from this situation.
Remain Silent
Do not answer the responding officer’s questions and make sure you tell them you wish to speak to your attorney. This is imperative even if you did nothing wrong because the officer may not perceive things the way you do. For a detailed list of reasons not to answer police questions, please read my prior blog post “why it is important to remain silent” by selecting the following link: http://dankoukol.com/blog/why-is-it-important-to-remain-silent/
Call An Attorney
At your earliest opportunity, you should contact an attorney. Domestic violence cases can carry harsh penalties with adverse employment and other long-reaching ramifications. It is important that you discuss your case with an attorney early on when the details of the incident are fresh in your mind. Additionally, a competent attorney will have his own investigator examine the scene to uncover any evidence supporting your case or refuting the prosecutor’s case. Thus, calling an attorney early on can really boost your chances of an acceptable outcome.
Photograph Your Injuries
Officers investigating a domestic dispute routinely only photograph the person they perceive to be the victim and do not bother photographing the injuries of the other person involved. Protect yourself by taking photographs of your own injuries when the wounds are fresh. My team has specialized cameras and lighting equipment that we use to photograph injuries in these cases.
Save Electronic Evidence
Electronic evidence such as sent and received text messages or videos may be helpful in telling your side of the story. As we have seen recently in the Mel Gibson scandal, recorded voice mail messages may serve as important evidence of the events leading up to and following a domestic dispute. Additionally, cell phone records and the data about the location, date and time of sent and received calls or texts may be helpful to your case and can be time sensitive (some data from cell phone towers are purged after 30 days). A skilled attorney will subpoena these records to ensure they are preserved.
Common Domestic Violence Defenses
Self-Defense
In California, you may use reasonably necessary force to protect yourself from the imminent use of force upon you. But you must be without fault. If you begin a fight, you generally do not have a right to use force in your own defense unless you remove yourself from the fight and communicate with the other person that you wish to stop the altercation. You should also know that any prior violent conduct may be admissible at trial to refute your self-defense claim.
Defense of Others
If you reasonably believe that a person you are assisting has a right to use force to protect themselves, then you can use reasonable force to protect them. This often arises in domestic disputes when one person uses force to protect the child against an attacking family member.
Attacking the Credibility of the Alleged Victim
The prior conduct of the alleged victim may be admissible to refute his or her testimony. For instance, if an alleged victim previously falsified a report of domestic violence, it will likely be admissible. Or, if the alleged victim has a history of being a liar, you are permitted to offer evidence of this dishonest character trait.
Tags: 243, 273.5, criminal, defense, domestic, federal, Felony, misdemeanor, violence