What Types of Evidence Can Be Used to Refute Allegations of Family Violence?

While all criminal charges can have significant repercussions on a person’s life, allegations of family violence are especially damaging. Besides the penalties of hefty fines and jail time, a person accused of family violence will likely end up with a permanent criminal record, making it difficult to obtain employment and housing. For those who share children with their partner, allegations of family violence can also have devastating consequences on custody arrangements. Because the stakes are so high in these kinds of cases, it is critical for those who have been accused of family violence to start working with an attorney who can begin compiling evidence to exonerate them.

Medical Records

Medical records are some of the strongest pieces of evidence that prosecutors use in family violence cases. These reports can, however, also be used by the accused to contradict claims being made by the accuser. Treatment records, as well as expert testimony from a medical professional can refute the accuser’s version of how an injury occurred. In other cases, the lack of any evidence of physical injury can also be used to counter false allegations of domestic violence.

Police Reports

Official documentation submitted by law enforcement can also be used, especially in conjunction with testimony, to demonstrate inconsistencies in the accuser’s version of events. These reports will contain any details noticed by the police, including information about any property damage or physical injuries that they witnessed. Many officers also take note of any statements made by the parties involved, as well as details about their demeanor.

Photographs

Photographic images taken by police officers or medical professionals can also show the absence of any of the property damage or physical harm being claimed by the accuser. Photos of any injuries sustained by the defendant could also help support a claim of self-defense.

Witness Statements

Another strong form of evidence often presented by prosecutors is eyewitness testimony from those who claim to have seen the act of violence in question. Defendants, however, can bring in their own witnesses who can shed light on the accused’s version of events. Witnesses can also provide testimony regarding past events or behaviors that could help explain the dynamic between the parties involved.

Digital Evidence

In recent years, more and more defendants have been able to use digital evidence, like screenshots of texts, emails, and even social media messages between the accuser and the accused to disprove false allegations. This type of evidence can also be used to provide insight into the accuser’s intentions or motivations. In some cases, that person may even admit to making false allegations.

Call The Law Offices of David C. Hardaway Today  

The consequences of family violence can extend beyond the courtroom, causing harm to relationships, reputations, and careers. The delicate nature of these kinds of cases makes it important to present solid evidence from the get-go that can clear the accused’s name. Let the experienced San Marcos and Hays County, Texas family violence lawyers at The Law Offices of David C. Hardaway evaluate your case and start building you a strong defense.

Source:

 statutes.capitol.texas.gov/docs/fa/htm/fa.71.htm