People don’t often realize how quickly a simple family argument can escalate and turn into someone calling the police. The result of that argument may see you sitting in jail facing charges in a domestic violence case. What started as a simple argument can completely turn your world upside down. However, there is hope, a domestic violence lawyer.
Domestic violence cases require an understanding of court procedures and law for you to put forth your defense. This is why ensuring you don’t handle your case alone is important. Hiring a domestic violence attorney can significantly impact your case, trial, and outcome. So, to answer your question, yes, you should hire a lawyer for your domestic violence case; here’s why.
Professional Court Representation
Maneuvering a courtroom can be challenging, especially if you aren’t familiar with this fast-moving environment. Without knowledge of all the procedural rules, you must follow, it can be really easy to misrepresent yourself in court. Most people don’t understand that everything they say in court can put them in a horrible position.
Hiring a domestic violence attorney ensures that you don’t self-incriminate yourself. Your lawyer will also help you work through every procedure and requirement of the court. Their years of experience handling numerous domestic violence cases makes these attorneys your best chance at a favorable outcome. It also gets easier navigating your domestic violence case.
Building the Best Defense for Your Case
Your defence plays a crucial role in helping the judge or jury determine your guilt or innocence. While you can defend yourself, your chances increase greatly if a domestic violence attorney builds your defence. When developing your cases defence strategy, your lawyer will consider the following:
- The credibility of prosecution and defence witnesses
- The community’s attitude towards the defendant and the crime
- The evidence presented. The evidence they will require to build your defence includes police reports and witness statements
Your lawyer may also work with a private investigator to get recorded statements from witnesses who can help your case.
Expedite Your Case
Time is a precious commodity in domestic violence cases, as no party wants to continue relieving their ordeals with every court proceeding. Most defendants prefer going through the court procedures as fast as possible with the hope of getting their lives back on track. However, some domestic violence cases tend to be more complicated than others.
In such instances, drawing your case to a conclusion can take time. Hiring a domestic violence attorney can help expedite your case. Your lawyer can help the process run smoothly and quickly. For victims, your attorney may help you find a shelter to protect yourself from more abuse.
Demand Discovery
The evidence in your domestic violence case can either make or break it. Hiring a domestic violence lawyer can help you know the evidence the prosecutor is using to build your case. However, not all prosecutors are willing to hand over evidence that can be used to acquit you of the domestic violence charges.
In such situations, your lawyer can demand or subpoena for discovery. This will allow them to access everything from medical reports of the purported victim to police body-cam footage. Your lawyer can determine if the prosecution has enough proof to build a case against you based on their evidence. They can also determine if the evidence was obtained illegally, which can prove helpful for your defence.
Improve your Children’s Circumstances
Domestic violence affects not only two partners or spouses but also children. If the trauma from the domestic violence has been ongoing, you may not be able to see or speak to your kids until the court case is settled. Without a lawyer, knowing when your case will end can be challenging. A lawyer can expedite your case, thus enabling you to see and speak to your children again. Your lawyer can also offer you legal advice on what to do to ensure your kids live with you again.
Minimize the Domestic Violence Case Consequences
Australia takes domestic violence seriously. The court can impose the following penalties if you are found guilty of a domestic violence offence.
- Imprisonment: If you have a prior criminal record, you may receive a full-term sentence. You can also be sentenced to an intensive correction order, where you don’t have to go to jail.
- Conditional release order
- Community correction order
Depending on your case’s facts, your lawyer can negotiate with the prosecution to reduce your charges in the form of a plea bargain.
It’s important to note that domestic violence attorneys can help both victims and those being accused of abuse. It doesn’t matter which side you are on; working with a lawyer can help give you the peace of mind you need during such a time.