how can i find out if the dleflendant has an attorney in a domestic violence case

How can a victim of domestic violence speak to a defendant?

Domestic violence cases can be quite complex, which is why you require the services of a domestic violence attorney. A lawyer will provide you with the advice you need on the many options available to you. By working with the lawyers at the Waltman Firm, you can get the legal advice and representation you need in your case.

Can a defendant lie to avoid conviction in a domestic violence case?

I often get calls from alleged victims in domestic violence cases. Most frequently,they are calling to find out how to get the charges dropped against the defendant as quickly possible. The fact is that there is no magic wand to wave to make a domestic violence case go away once a call to police has been made and the defendant has been arrested, and that is because in Colorado …

Why do I need an investigator in a domestic violence case?

May 31, 2021 · A criminal defense attorney with experience and knowledge of the law will be able to help you navigate the tricky waters of a domestic violence case. They will know how to talk to witnesses, open a dialogue with the prosecution, and present evidence to help get your case dropped, or at least get you the best outcome possible.

What happens if there is no evidence of domestic violence?

Defense of Domestic Violence Cases 3.1 Pre-Incident Preparation There are many times when you represent parties who either have instituted a divorce action, or are about to begin one, and their fear is that they will be unjustly accused of domestic violence as a pretext to get them out of the house, lose custody of the children,

What happens if a victim does not cooperate with the DA?

But if the victim does not cooperate, the DA can still prosecute the abusive person. If the victim does not want there to be a criminal restraining order, he or she can explain to the district attorney why he or she believes it would be best, given the circumstances, not to pursue a criminal restraining order.

What happens if a defendant pleads not guilty?

If the defendant pleads guilty or no contest, the judge can sentence him or her immediately. The victim has a right to be present and speak to the judge at this time. Pretrial conference (misdemeanor cases only) If the defendant pleads not guilty, the judge will set a date for a pretrial conference.

What are the conditions of release?

Other common conditions of release include participation in a batterer intervention program and substance abuse treatment. Violation of the Conditions of Release.

How long does an EPO last?

Police officers can get EPOs 24 hours a day. Tell the police officer what happened and why you are afraid. An EPO can last up to 7 days.

Can a victim be a witness?

The victim may be a witness. The court can require (or "subpoena") the victim to come to court. If the victim does not go to court as ordered, the court can put him or her in custody to make sure the victim will be in court to testify. If the court does not issue a subpoena, the victim does not have to go to court.

What is presentence report?

The report describes the crime and the defendant's personal history and criminal record. It includes the defendant's statement and the victim's views about the crime.

What is probation officer?

If the defendant is put on court probation, the court will monitor the defendant's compliance with the court orders. Formal probation. If the defendant is put on formal probation, a probation officer (or "PO") is assigned to supervise the defendant.

Blog Home

I am the victim in a domestic violence case – how do i make it go away?

An Invaluable Tool

In any type of criminal case, you need a lawyer who understands the intricacies of both local and state law and is able to use that knowledge to present an aggressive defense. Kimberly Diego has the background and the knowledge of Colorado’s judicial system you need as part of your defense.

Why are domestic violence cases dropped in Georgia?

While this list is incomplete, here are some of the reasons why a prosecutor may choose to drop a domestic violence case.

Hire a criminal defense attorney in Georgia today

A criminal defense attorney with experience and knowledge of the law will be able to help you navigate the tricky waters of a domestic violence case.

What is discovery in domestic violence cases?

Discovery in domestic violence cases is prescribed by Rule 5:5-1 which limits discovery in all civil family actions. Most of the discovery that is available in any other criminal or civil case, is available in domestic violence cases with the exception of the depositions of the plaintiff. The rationale for excluding the plaintiff is that a victim of domestic violence, who may be suffering from the "battered woman's syndrome" is not likely to proceed with the final restraining order after being subjected to depositions. The court noted that depositions is an intimidating process especially for a victim of domestic violence, which coupled with the absence of a judge to protect the victim who is usually not represented. This case did not deal with other depositions besides that of the plaintiff.

What is the fear of a divorce?

There are many times when you represent parties who either have instituted a divorce action, or are about to begin one, and their fear is that they will be unjustly accused of domestic violence as a pretext to get them out of the house, lose custody of the children, or for some other strategic purposes.

What are de minimis infractions?

The rules also provide for de minimis infractions in which the actions are "too trivial to warrant the condemnation of conviction for these actions cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense."

Was defendant responding honestly to his wife's inquiries?

Defendant was merely responding honestly to his wife's inquiries despite the fact that these statements were made to belittle and demean the plaintiff, they were not made for that purpose although they might have had that effect.

Is a domestic violence trial preemptory?

The trial of a domestic violence case is like no other trial. Your client is presumed to be guilty as they walk in the door; the judge is overworked and other cases are stacked up behind yours; the trial is usually preemptory and the court will rush you.

What is willfulness in law?

What Is Willfulness? Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.

What happens if a victim has a red mark on her cheek?

If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.

What is traumatic condition?

The traumatic condition was the natural and probable consequence of the injury. The injury was a direct and substantial factor in causing the condition. For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury. No Willfulness. A prosecutor might feel that the element of “willfulness” is missing.

What is mental illness?

Mental illness. Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

What is a serious bodily injury?

A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. It is also protracted loss or impairment of any function of a bodily member or organ. Examples Include: Broken limb.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.