The exact steps that an individual is going to want to take in a domestic violence case will depend a lot on facts and circumstances. There are two approaches when defending a domestic violence case which are pursued at the same time.
Collecting all of the evidence that is out there, looking at the prosecution’s file and make sure that the individual and their Alexandria domestic violence lawyer understand the nature of the charges as well as the evidence against that person so that we can prepare the best defense possible.
At the same time, domestic violence cases are often ones that can be mitigated by a number of different things. If there is a substance abuse issue, then receiving treatment before the individual gets to court can be helpful. If there is an anger management issue, taking classes or putting our client in counseling can be helpful.
Depending on the circumstances, there is a lot of things that can be done in order to give our client the best chance to work out a favorable plea agreement with the prosecution in the event that there is not a good defense in the case.
There are several defenses. One of the most common is self-defense. That means that the other individual, the alleged victim, was actually the aggressor and that the defendant was using a reasonable amount of force in order to repel the battery that was happening to them.
In addition, it is very common to look for ways to undermine the veracity of the complaining witness. It is certainly true that there are circumstances where an upset individual, sometimes it is a spouse or a partner, might use the police as a weapon and might use a tactical custody case. They might make an accusation that is not true.
Always, when defending these, attorneys are receptive to the veracity and the credibility of the accusations that are being made and if there are any ways to point that they might not be reliable.
There are a couple of types of evidence that are going to be important in domestic violence cases. The testimonial evidence, meaning what witnesses will say, is always important. That includes everything from what adverse witnesses will say and whether they are credible to the statements that may have been made by the defendant himself.
In addition, there is very often physical evidence which is going to be important. That could be photographs, obituaries or any number of other things which might either help to bolster the defense or which might help to undermine the prosecution’s evidence or the testimonies of other witnesses.
When it comes to building a defense, of course, the primary benefit to having an experienced attorney is that they are going to be able to guide the individual through the best ways to defend the case and to get the best outcome in the case.
In addition, of course, they are going to be able to walk the individual through what would be a daunting and unfamiliar process. Most people have never spent any time in the courtroom or have any idea on what the process looks like, and just having the comfort of having someone explain to them what is going on and assist them in making the tactical decisions that they may need to make at every step in the way is very comforting and it is one of the primary functions of a lawyer.
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