This article discusses details of domestic violence. If you or someone you know is suffering contact the Massachusetts domestic violence hotline at 877-785-2020. (SafeLink is Massachusetts’ statewide 24/7 toll-free domestic violence hotline and a resource for anyone affected by domestic or dating violence.)
Statistically speaking, one in three American women has experienced severe physical violence by an intimate partner. The Commonwealth of Massachusetts ranks among the lowest percentages of women reporting domestic violence in the nation, but about 36 percent of women have been victims, a survey published on Jane Doe found.
Domestic violence goes deeper than the statistics and can impact survivors, friends and families. Abuse is often shrouded in secrecy and shame, making cases sometimes difficult to bring to trial due to a lack of physical evidence and/or documentation. Violence is also often done in private or while the couple is alone, making for few eyewitnesses to the crime. So, what type of evidence does a legal case of domestic violence look at? Here are a few of the evidence areas that a case may include.
Evidence in a domestic violence case may include physical evidence, medical reports, witness testimony, and police reports. Other types of evidence may include text messages, photographs, surveillance footage and onlooker testimony.
Physical Evidence
Most criminal cases rely on physical evidence of some sort in order for the prosecution to build a solid case. The same is true in domestic violence cases.
Physical evidence in a domestic violence case may consist of photographs of visible injuries sustained due to abuse, such as bruises, bloody noses, choking marks or broken bones. It may also include photographs or documentation of crime scene damage such as broken furniture, holes in the wall, or bloodied clothing.
Forensic evidence also falls into this category, especially if it is important to put the defendant at the scene of the abuse. This may include blood, DNA, hair, saliva, semen or tissue under fingernails. Crime scene evidence may also be considered physical evidence and consist of weapon marks, firearms, or tire tracks.
Witness Testimony
Since domestic violence is often done in secrecy and while the couple is alone, witness testimony is typically needed. A victim may need to explain in detail what happened and the impact of the abuse both visible and invisible. Expert witnesses and bystanders may also be used to testify as to the type and depth of the abuse.
Experts could comprise medical professionals, mental health workers, or domestic violence experts who may be called to share insight on the psychological state of the defendant, the injuries of the victim, or the dynamics of the abuser and the one being abused.
Police Testimony
Law enforcement might be called to testify in a domestic abuse case as they may have insight as to how many times they were called to break up a fight or do a “wellness” check if neighbors called 911. Each incident will be documented in a police report thus making a paper trail.
Medical Records
Nurses and doctors document injuries when a victim seeks medical help. These medical reports describe in detail and with photographs of scratches, bites, bruises, cuts, scrapes, or broken bones. X-rays can also be used to document abuse.
Medical professionals are mandatory reporters of abuse and will document as much as possible to pass along to the proper authorities.
Documentation of domestic abuse is critical in court cases to prove the abuse as well as the timing and extent of the abuse. Be sure to take pictures, gain medical records, and obtain phone numbers of anyone who may have information regarding domestic violence and pass them along to the proper authorities. If you are accused of domestic abuse or are being abused, please talk to an experienced attorney who can review your case. For more information on evidence and documentation used in domestic violence cases and what you can expect in your specific case contact Patrick Conway Law.