Domestic violence cases pose many problems for both the prosecution and defense. One of the biggest challenges that arise in these cases pertains to evidence. Domestic violence typically takes place behind closed doors in a private home. As such, they are very difficult to prove for the prosecution, and there is always a challenge for the defense when attempting to prove that something never took place. Below are a few types of evidence that the prosecution may use in a domestic violence case, and how a criminal defense attorney may argue against them.
Physical Evidence
In domestic violence cases, the prosecution will rely heavily on physical evidence. This is because juries are more likely to believe facts rather than evidence that may be clouded by a person’s own biases or opinions. For this reason, the prosecution may use photographs of the alleged victim’s injuries, or of property that was used during the alleged act.
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