Full Answer
Can a false accusation of domestic violence be used in court?
prosecutor for the Tulsa District Attorney’s Office, she was the lead domestic violence prosecutor responsible for making the felony domestic violence filing decisions for all of the offenses that occurred in Tulsa County. She specializes in Evidence Based Investigation and Prosecution of cases involving domestic violence as well as
What is a prosecutor doing in a domestic violence case?
Feb 17, 2016 · In some cases, the prosecutor may even charge your accuser with filing a false police report. These are not the type of false charges one would normally benefit from accepting a plea deal. This will affect your standing in the community and could negatively impact your visitation and custody rights with your own children.
Can I be charged for lying in a Florida domestic violence case?
Mar 16, 2017 · The National Domestic Violence Prosecution Best Practices Guide is a living document highlighting current best practices in the prosecution of domestic violence. It was inspired by the Women Prosecutors Section of the National District Attorneys Association (NDAA) and a National Symposium on the Prosecution of Domestic Violence
Why do prosecutors go after your credibility in domestic violence cases?
Mar 21, 2013 · Technically the prosecution can charge you with filing a false police report if you lied to the cops, or perjury if you lie while testifying, but in practice I have never seen this happen (but I'm sure it must from time to time). Often a better tactic is to produce evidence of mental illness or witnesses to testify that you are untruthful.
What is evidence based prosecution?
There are many different ways to prove that a crime of domestic violence occurred without relying on victim participation. Requesting and using the evidence is key.
How is domestic violence different from other crimes?
More often than not, the victim will be unwilling to testify against the loved one that has hurt them . As a result, law enforcement and prosecutors must be vigilant in their efforts to hold these abusers accountable for their actions. On those occasions that the victim does agree to testify, they fear that the case will “just be he said she said.” This leaves these victims feeling vulnerable and alone. Knowing that the victims will not want to participate, it is imperative that cases involving domestic violence are investigated and prosecuted working with the obstacles in mind and not against them.
Who is Mary Walters?
Mary E. Walters is a graduate of the University of Oklahoma College of Law. She is currently an Assistant District Attorney for the Oklahoma District Attorney’s Council presently assigned to the Oklahoma District 12, which consists of Rogers County, Mayes County and Craig County. She personally prosecutes all felony and misdemeanor domestic violence offenses committed within Rogers County. She advises prosecutors throughout the district on effective prosecution of domestic violence cases. She is a member of the Rogers County Coordinated Community Response Team (CCRT). Prior to working for District 12, she was a prosecutor with Tulsa County District Attorney’s Office, in Tulsa, Oklahoma. During her six year career as a prosecutor, she has prosecuted crimes ranging from juvenile deprived and delinquent cases all the way to misdemeanors and general felony crimes including but not limited to offenses against children and women. While working as prosecutor for the Tulsa District Attorney’s Office, she was the lead domestic violence prosecutor responsible for making the felony domestic violence filing decisions for all of the offenses that occurred in Tulsa County. She specializes in Evidence Based Investigation and Prosecution of cases involving domestic violence as well as instructs law enforcement and prosecutors in this area. Her writings have been published in nationally circulated journals relating to domestic violence, she has given multi-disciplinary presentations on domestic violence prosecution and advocacy, and has been asked to meet with a production crew to film video trainings for the Oklahoma District Attorney Council on domestic violence.
Can you file multiple charges in the same case?
If there is a time laps, more than one charge can be filed in the same case. Double jeopardy does not apply to multiple charges of the same charge OR multiple charges that occur in quick succession of there is a time gap.
What is the alternative charge for domestic violence?
The alternative charge that is appropriate for most domestic violence charges is Title 21 O.S. § 644(C) – Domestic Assault and Battery -Second or Subsequent Offense. This give the jury a fall back felony charge when they cannot agree on a more specific charge such as Domestic Assault and Battery by Strangulation or Domestic Assault and Battery with a Dangerous Weapon. Whether or not to use this tactic is a judgement call. The range of punishment may vary greatly. However, if the range of punishment is up to Life on both charges, using an “in the alternative” tactic is a way to give the jury an out if they don’t want to go for the more serious charge.
How does strangulation work?
The crime itself is achieved by cutting off the air OR blood flow to the brain of the victim by the abuser. This can be achieved by applying pressure to the neck OR chest of the victim by the abuser. The victim can lose consciousness, have trouble breathing or even urinate on themselves. Often times the neck does not appear to have any signs of injury. The eyes of the victim could have petechiae (red spots) but not required in order to have an incident of strangulation. Evidence of strangulation also includes a sore throat in the days following the abuse. Death of the victim can occur up to 72 hours following the strangulation. The victim can also suffer from the residual effects of strangulation such as heart issues and blood clots. The charge applies to both strangulation AND attempted strangulation (see jury instruction – OUJI 4-26D). It is not necessary to charge “attempted” strangulation.
Who must inform the victim of a crime involving domestic violence of certain rights afforded to them by law?
Both the District Attorney’s Office and responding law enforcement agency must inform the victim of a crime involving domestic violence of certain rights afforded to them by law.
How do prosecutor work?
Prosecutors will work to make it seem as if anything a victim says confirms his or her status as a victim, painting you as the perpetrator and the aggressor. This can be countered. The key is to analyze your case with a fine tooth comb. We work on pointing out each and every inconsistency, or outright lie.
What happens if you are convicted of a felony?
If you have been convicted of a felony in the past, the prosecution team will attempt to inform the jury of your past wrongdoing, to convince them of your current culpability. The prosecutor is typically not allowed to argue that your past conviction also makes it more likely that you are guilty in this case.
Is self defense a defense to domestic violence?
Self-defense is one of the primary affirmative defenses to domestic violence charges; thus, it is crucial for the defense attorney to aggressively advocate for you and assert your self-defense argument to the jury, not to mention the court as well - at all stages of a case. Your criminal record must mean you're also guilty in this case.
How does false allegations of domestic violence affect your life?
As you may be currently experiencing, being falsely accused of domestic violence immediately changes your life for the worse in a number of different ways. Depending on any given individual’s personal circumstances, a domestic violence defendant can watch their job ...
How to expose a domestic violence lawyer?
A seasoned domestic violence defense lawyer will expose lies by cross-examining the accuser, attacking the accuser’s credibility, and by presenting evidence of the accuser’s motive to lie. Any other evidence of innocence, such as an alibi, adds additional layers of reasonable doubt to the defense.
What to do if you are charged with domestic violence?
Notify family members about your concerns. Unfortunately, family members may turn against you after news surfaces that you have been charged with committing domestic violence. If your accuser claims that you hurt them and/or your children, your closest family members may mistakenly ban you from their lives.
What to do if you are being abused?
If you are the abused, gather evidence. There are instances where the person who is accused of committing domestic abuse is actually the victim of physical and emotional abuse. If this is the case, gather as much evidence as you can without putting yourself in danger. If you feel that you are in any danger or are a victim of abuse now, ...
What happens if someone steals your license?
If your accuser steals your driver’s license, birth certificate, car titles, or money from you and then files charges against you, you may spend all of your time trying to get your stuff back rather than taking care of what needs to be done to ensure your freedom.
How long do you have to go to jail after being arrested in California?
Once the arrest has been made, the California court system has a duty to follow up on them. You will typically spend 48 hours or less in jail until being released or a bail amount is set. This is the time when you need to be making arrangements to hire an attorney. Asserting your innocence from the very beginning will help to solidify your case.
Is domestic violence a violation of rights?
The general population’s view of those charged with domestic abuse against a girlfriend, spouse, child, or anyone else can be a destructive force and a violation of one’s rights when the person charged with domestic violence is not guilty of their alleged crimes. Unfortunately, even proof of innocence can fail to repair one’s life ...
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.
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.
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 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.
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 are the two tools used to assess domestic violence?
The two leading danger assessment tools for victims of domestic violence are the Danger Assessment Tool, developed by Dr. Jacqueline Campbell, and Mosaic, developed by Gavin de Becker.95 While the ODARA and other similar tools evaluate risk and danger by looking at the perpetrator, the Danger Assessment Tool and Mosaic look at risk from a victim’s perspective and through victim reporting of prior perpetrator conduct. As discussed earlier, all victims in all cases in a prosecutor’s office should be offered risk assessment and safety planning services regardless of whether the cases are prosecuted.
What should a prosecutor do with a victim?
Ideally, the prosecutor should meet with the victim to explain the prosecution process and explore issues that may have been undetected in the initial police investigation. The prosecutor should have a third party present, such as a law enforcement officer or detective, to record the interview in the event the victim later recants.78
Why is risk assessment important in a criminal case?
The use of a risk assessment tool at the pre-trial stage is encouraged to better inform both the prosecutor of the charges to be filed and the judge of the dangerousness of the defendant.90 Abusive relationships may be unpredictable and potentially escalate quickly, and certain factors can aid in assessing the lethality of particular situations. These factors include drug and alcohol abuse, an increase in the number and severity of violent episodes, threats of self-harm and harm to children, access to weapons, a history of psychiatric impairment, criminal history, the proximity of the victim and their abuser, and noncompliance with court orders.91
What is vertical case handling?
Vertical case handling may be problematic for high-volume jurisdictions. If a prosecutor is carrying a significant caseload, he or she may not have the ability to develop and maintain meaningful relationships with victims. Many large, urban jurisdictions therefore utilize horizontal case handling. In horizontal prosecution, prosecutors do not handle one case from beginning to end but rather handle multiple cases, performing the same task for each case. For example, one group of prosecutors may file cases, one may negotiate cases, and one may try cases.
How many people have experienced domestic violence?
Nationally, about 31.5% of women and 27.5% of men have experienced physical violence by an intimate partner during their lifetimes. Of these, about 22.3% of women and 14% of men have experienced severe physical violence.2 In addition to immediate physical injuries, victims of domestic violence suffer long-term social and psychological harms such as being fearful or concerned for their safety; developing symptoms of posttraumatic stress disorder; missing school; and finding themselves in need of housing, legal services, and medical care.3 About 47.1% of women and 46.5% of men have experienced psychological aggression by an intimate partner during their lifetimes.4
What is evidence based prosecution?
Evidence-based prosecution is an approach whereby prosecutors build a case based on available evidence irrespective of the victim’s willingness to participate in the case or testify against their abuser. This approach began around the mid 1980s and early 1990s in communities such as Duluth, MN; San Diego, CA; Los Angeles, CA; and Nashville, TN. Fundamental to the evidence-based prosecution approach is the principle that domestic violence cases that are provable should be prosecuted irrespective of whether the victim is cooperative or willing to participate in the case.68 Early evidence reflected the success of evidence-based prosecution with multidisciplinary professionals working together.69 While mandatory arrest of domestic violence offenders, in the absence of prosecution, was clearly ineffective in stopping domestic violence, the combination of mandatory arrest with an evidence-based prosecution approach proved effective in reducing recidivism and lethality.70 Mandatory arrest and the pro-prosecution policies of the 1994 Violence Against Women Act resulted in an unexpected overflow of domestic violence cases which necessitated the creation of specialized units.71 As a result of reluctant and uncooperative victims, prosecutors began promoting evidence-based prosecution and collaborative approaches to meeting the needs of victims while prosecuting cases even without their participation.72
How many deaths are caused by strangulation?
In the United States, about 10% of violent deaths result from strangulation, almost all of which involve manual (using hands, forearms, or knees) or ligature (using a cord) strangulation.104 The majority of high-risk domestic violence victims experience nonfatal and near-fatal strangulation assaults.105 Even more importantly, nonfatal strangulation is a high-grade marker for domestic violence homicides. If a victim is strangled one time by an intimate partner, he or she is 750% more likely to later be killed by that partner.106
How to file a domestic violence case?
If you are identified as the alleged victim in a domestic violence case, you have several choices including: 1 proceeding without an attorney while cooperating with the prosecutor or defense attorney; or 2 hiring your own attorney who can help you decide on the best course of action.
What is the best position to explain a victim's rights and the consequences that might come with any attempt to exercise
A criminal defense attorney is often in the best position to explain a victim’s rights and the consequences that might come with any attempt to exercise those rights. For example, a witness in a case might decide to “take the fifth” so that they cannot be prosecuted for making a false police report.
What to do if you feel unsafe in your home?
If you feel unsafe in your home and fear that additional violence might occur, then you might need to petition the court for an order of protection against domestic violence, dating violence, repeat violence, or stalking violence.
What to do if you don't want to hire a lawyer?
If you don’t want to hire your own attorney, you can consider contacting the criminal defense attorney of the person accused of domestic violence to express your wishes instead of contacting the prosecutor.
Why is it important to have a criminal defense attorney?
Criminal defense attorneys have very important ethical considerations when representing the victim of a crime. Those ethical considerations are far too complicated to be fully discussed in this article. But the bottom line sometimes the alleged victim needs their own attorney to make sure their interests are protected.
What is the most important thing to tell the truth?
The most important thing is to ALWAYS tell the truth if you decide to speak, but if telling the truth might get you in trouble, you can consider exercising your legal right to remain silent. You might decide to exercise your right to “take the 5th” and refuse to testify if that testimony might tend to incriminate you.
Is domestic violence a victim?
Not everyone identified as the “victim of domestic violence” actually feels like a victim. Some people are not in fear and do not need assistance from the prosecutor or the court system. An injustice occurs when the alleged victim’s voice is not being heard.
Why do people use domestic violence laws?
Unfortunately, many people use domestic violence laws to commit what amounts to court-ordered abuse against their ex-partner. Men are frequently the victims of this type of attack, as some women choose to make false domestic violence allegations in order to gain special legal benefits or protections.
Can a non-citizen be deported?
Under federal law, a non-citizen convi cted of domestic violence or a “crime of moral turpitude” is subject to deportation. It does not matter if the man is a legal immigrant in possession of a green card or a temporary visa.
Insufficient Evidence
There are 3 categories of domestic violence: 1. Simple domestic violence 2. Aggravated domestic violence 3. Corporal injury to a spouse or former cohabitant A major reason for dropping any criminal case is the insufficiency of the evidence. When appellate courts review an issue regarding sufficiency of the evidence, the s…
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. For instance, if you accidentally touched someone or knocked a coffee cup or glass out of your girlfriend’s hand because you were swinging your arms to emp…
Inconsistent Statements
- A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.
Lack of Visible Injuries
- 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. This includes pushing or shoving someone, spitting in their face, or intentionally touching them in a rude or violent man…
Does This Rule Out Prosecution?
- This does not rule out a prosecution since an arrest can be made based solely on the victim’s allegations or on evidence at the scene of a struggle or a visible injury on the victim. The lack of an independent witness or third party is not fatal to the prosecution. A prosecutor may have evidence of the following: 1. New and visible injury to the victim, 2. Statements by the parties 3. …
Compelling Reject Request Letter Written by Attorney
- Anytime after the defendant has been arrested or has been charged with domestic battery, the defense attorney can submit a letter to the prosecutor. The letter can outline the reasons why the evidence is insufficient to prosecute the defendant or that there is considerable reasonable doubt that either a battery occurred or that the defendant committed it.
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