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What Evidence Is Important in a Domestic Violence Case?
If you’re the victim of domestic violence, you do have options, and you are not alone. A DV attorney here in San Antonio, TX can help you to bring a strong case against your abuser. The precise evidence you will need depends on the unique circumstances of your situation, but in general, we can tell you a bit about what evidence is usually important in a domestic violence case.
From a DV Attorney in San Antonio, TX: Important Evidence for a Domestic Violence Case
Domestic violence is a criminal offense, and thus the state can bring a criminal action against your abuser if you want to press charges. You can also bring a civil lawsuit for losses and damages that you sustained. Either way, you’ll be involved. Whether you’re cooperating with a criminal case or bringing a civil suit, some of the most important evidence will be:
Police Reports
If the police were called, their report and the report of any other law enforcement or state agency that got involved will be important evidence in your case. You can always request a copy of the police report, and it may be subpoenaed anyway.
Medical Records
Any medical records that you have related to physical injuries you sustained because of the domestic violence will be very important here. Medical professionals can analyze injuries and often give an expert opinion about what caused it. It’s common for abusers to claim that their victims were injured by a fall or some other natural accident, but a good doctor knows the difference between an injury caused by a fall and an injury caused by abuse in many cases.
Mental Health Records
Abuse is not just physical. Physical abuse causes mental anguish, and mental abuse is also a type of family violence, so you may also have records from therapist or counselors that can be valuable in showing how the abuse has affected you.
Photos and Videos
If there are any photographs or videos, either of the incident itself or of the scene and environment after the violence, this will be useful as evidence. This might include pictures of injuries and torn clothing or damaged items in your home, like furniture or crockery in the kitchen. Video taken immediately afterward that shows the emotional responses of everyone involved can also be very helpful.
Witness Testimony
Obviously, if someone else saw the domestic violence, this can be extremely helpful. Unfortunately, many times domestic violence takes place in the privacy of the home, and there are no witnesses, or the witnesses are young children. However, even the testimony of a child can be helpful in a situation like this, depending on the age and maturity of the child and how well they’re able to express themselves.
Communications
If you have documented communication between you and your abuser, this could be used as evidence. It’s especially helpful if your abuser made threats against you, perhaps in a voicemail or by text message, in the days or hours leading up to the incident.
Other Questions About Domestic Violence
How Is it Defined in Texas Law?
Under Texas law, the name of this crime is “family assault” rather than domestic violence, and it’s important to know that this terminology does not mean that only immediate members of a person’s family can be the victims of their violence. The law defines family much more broadly than just immediate blood relatives. Family violence is committed when a person does any act or makes any threat that is intended to cause physical harm or sexual assault.
Who Counts as “Family” In DV Cases?
Relatives
The most obvious category, of course, is actual relatives, including both biological and non-biological family members who may be related by marriage or adoption. Included here then is not only a mother but also a stepmother, for example.
Dating Partners
For the purposes of a domestic violence case, dating partners are also considered “family.” In addition, domestic violence charges can be brought against a person who harms a former dating partner, even if it has been some time since they were in a dating relationship. Thus, a fiancé, a current boyfriend or girlfriend, and any former boyfriends or girlfriends are all included in the definition of domestic violence under Texas law.
The law is slightly ambiguous, however, about exactly how many times two people have to date in order to qualify as “dating partners. It’s simply defined under the law as having a “continuing relationship of a romantic or intimate nature.” Talk to your lawyer if you have any concerns about this to get clarification on how the courts are likely to interpret your relationship.
Household Members
Finally, someone can be accused of domestic violence if they harm anyone who lives in the same house as they do, even if they are not related and have no dating relationship. This would encompass roommates and housemates, as well as extended family members, if they live in the same house as the abuser.
What Is “Physical Harm” In Cases of DV?
In Texas law, the definition here is quite broad. Any act or threat which is intended to, or which actually does, cause pain, illness, or some kind of damage to someone’s physical health, or an act or threat of sexual violence, would count.
How Can I Get Protection?
If you’re in immediate danger, you should always call 911 right away. If the incident is over, talk to your lawyer about getting protective orders. These can be long-term, but a long-term order requires a hearing where the accused is given the opportunity to defend themselves. You can also get short-term orders that go into effect immediately to protect you, and your lawyer can help you file for this in court and present a strong case for why you need this protection.
For example, you can have an abuser removed from your home if the home is owned or leased by you, owned or jointly leased by you and the person doing the abusing, or even if it’s owned or leased by the abuser so long as he or she is obligated to support you. To get this done quickly, you would need to prove the family violence and that it occurred within 30 days of the time you’re filing for the order, that you’ve lived in that place in the last 30 days, and that there is a clear danger the person will re-offend.
How Long Can a Temporary Order Last?
A temporary order, known as an ex parte order, can only be put in place for a short time. This is to keep the courts from trampling on the rights of innocent citizens. To have a permanent order put in place, there must be an open hearing where the evidence is presented and the accused has the opportunity to defend themselves.
Temporary orders must have an expiration date, and a typical timeframe in Texas is 20 days. They can be extended for repeated 20-day periods if you and your lawyer request it and can show it is necessary, or if a judge decides that an extension is necessary. But bear in mind that you will need to have a full hearing to get these temporary orders turned into permanent ones. Again, your lawyer can tell you more.
If you have been the victim of family violence or are concerned that threats may turn into deeds, contact the Aida Rojas Law Firm in San Antonio, TX as soon as possible so we can help you get the protection and legal defense you need.
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