how to build your own domestic violence case without a lawyer

Do I need a lawyer for a domestic violence case?

Ultimately, you will need to go into court to testify. By contrast, if you have been charged with domestic violence, then a successful defense will require the help of an attorney. Defendants will need to think about finding evidence that supports their innocence. Call the police.

How do you win a domestic violence case?

To win a domestic violence case as a defendant, you need to cast doubt on the alleged victim’s story and credibility. For example, you could argue that you never touched the alleged victim.

How do you defend against domestic violence charges?

Witnesses are key to a domestic violence defense. Particularly helpful are people who observed any incident but don’t know you. Because they are strangers, a judge will view them as unbiased. If you can find witnesses, then take down their personal contact information, such as their phone number and email address.

Should I plead out in a domestic violence case?

Include your email address to get a message when this question is answered. If you are the defendant in a domestic violence case, then you should talk with your lawyer about taking a plea deal. Although pleading out means that you will have to admit your guilt, you might be able to get the guilty plea “held in abeyance.”

How do you win a domestic violence case in California?

Winning a domestic violence case can include getting the case dismissed, getting a “dismissal” prior to the formal filing of charges by convincing the prosecutor not to file charges on the first court date, arranging for a favorable plea deal, winning a legal motion that disposes of the case, or obtaining a favorable ...

How do you handle domestic violence cases?

If possible, offer to go along for moral support to the police, court, or lawyer's office. Let the person know they are not alone and help is available. Call the National Domestic Violence Hotline at 1−800−799−7233 for immediate assistance and a referral to nearby counseling services or support groups.

How long does a domestic violence case take in India?

Another option is to file petition in high court for getting direction on lower court for hearing the case within a time frame preferably within 2-6 months.

How do you expose an abuser?

Here's how you can expose your abuser without any fear of getting hurt:Write Your Story. First of all, you need to understand that your silence can encourage your abuser to abuse you or someone else again. ... Express Everything That You Went Through. ... Choose the Right Platform. ... Let the World Know.

What happens in domestic violence case?

In case you or anyone on your behalf, orally informs the Protection Officer about act of domestic violence, the Protection Officer shall reduce the same into writing. Then, you or the person, who so informs the Protection Officer, is supposed to sign that information which is called a complaint.

Can a person go to jail for domestic violence in India?

The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.

How much is the punishment for domestic violence in India?

4. Section, 498A court punishes for domestic violence in terms of imprisonment up to 3 years and a fine.

When can DV case be filed?

Under section 2(q) & 3 of the DV Act, you can file a complaint against your sister-in-law. The court observed that “applications for interim relief under the Domestic Violence Act are not criminal complaints, and directed respective Magistrates to dispose of such applications within 60 days”.

Collecting evidence

Collecting evidence is crucial, and it is best to start as early as possible - while you are still in the abusive relationship. The following sections will provide you with practical examples of the kinds of evidence that can be useful and of how to collect it.

Presenting evidence

The way you present evidence can make a huge difference for your case. The evidence is there to tell a story— your story. Keeping it organized will help you make your voice loud and clear.

What to do if you are a victim of domestic violence?

If you are the victim of domestic violence, then you should call the police and report the abuser. If he or she is charged with a crime, then you should prepare to work closely with the police during the investigation. Ultimately, you will need to go into court to testify.

What happens if you plead guilty to domestic violence?

Although pleading out means that you will have to admit your guilt, you might be able to get the guilty plea “held in abeyance.” Under this arrangement, you complete a term of probation and, at the end, the case is dismissed or the charge is reduced.

What happens if you violate a protective order?

The police will arrest the abuser. You can then contact the court to report the violation. For violating a protective order, the abuser could face contempt charges.

What to do if you have been abused?

Also called a “restraining order,” a protective order will prohibit the abuser from doing certain things, such as contacting you or coming within a certain distance of you or your children.

How to stop a child from being abused?

Call the police. In order to stop the abuse, you need to seek help from the police. You can call 9-1-1 if you are in the middle of an attack, or you can stop by the police station when the abuser is away from home.

How to deal with allegations of abuse?

Cooperate with the police. The police will investigate your allegations of abuse. If they think the situation warrants it, then they will forward the case to the prosecutor, who will then decide whether or not to bring criminal charges against the abuser. You should cooperate with the police in every way possible.

What happens if you violate the conditions of your release?

If you violate the conditions of your release, then you can be arrested again. Once you are re-arrested, the judge will look at you in a different light. Now you are someone the judge knows has broken the law. Accordingly, your likelihood of ever getting the domestic violence charges dismissed has been greatly reduced.