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In a case involving domestic violence, a judge will have to weigh the credibility of the parties and decide who he or she trusts more. In a case when the only evidence is the parties’ testimony, credibility is crucial. It can make or break your case. If you keep changing your story, don’t respond to questions, get defensive, or argue, the judge might not believe you. You may avoid all of these dangers if you know what to do before you go to court for a domestic violence charge.
What does Domestic Violence in Michigan entail?
Michigan law defines domestic violence as physical, emotional, psychological, sexual, or economic abuse of a spouse, former spouse, dating partner, co-parent, or household member. Domestic violence doesn’t necessitate an “injured” victim. A first conviction can lead to up to 93 days in prison or a $500 fine; a second conviction can lead to up to a year in imprisonment or a $1,000 fine; and a third conviction, which is a felony, can lead to up to 2 years in prison and a $2,500 fine.
Preparations When You Go To Court For Domestic Violence Charge
Considering your and other family members’ safety is at stake in this hearing, it’s critical that you take the necessary steps in preparing to go to court for a domestic violence charge and fight for your case.
1. Document Injuries
Be ready to tell the court specifics about each injury, like when, where, and what time it happened. If you went to the hospital because you were hurt badly, ensure you have the documents ready to show the court. Because the majority of charges of child abuse are based on testimony, having as much proof as possible is critical.
If you still live with your abuser, leave your proof with a trusted relative or friend. If you’re isolated, store the evidence at the workplace or in a safe. Depending on the severity of the situation, a domestic violence lawyer may be able to preserve photographic evidence in their office.
2. Get in Touch With Witnesses
Subpoenas for witnesses can be served by a domestic violence lawyer. A subpoena simply orders a witness to appear and testify at your domestic violence trial. Family members, acquaintances, colleagues, law enforcement officers, doctors, or emergency department nurses could all be witnesses to the abuse. Your case strengthens with every witness who validates your claims of abuse.
3. Understand What the Courts Can Do
During a domestic violence proceeding, the judge will rule if you and your family need protection orders to be safe from an abuser. If you have minor children with your offender, the court may also give you sole custody. However, in the majority of cases, abusers are permitted to visit their children during supervised visits.
A temporary restraining order prohibits the offender from:
- Making contact with you in any means
- Coming close to your house
- Coming close to your workplace
4. Learn How to Tell Your Story
Most people who have been victims of domestic violence have never been able to speak about what they went through. This is why it’s essential to practice telling your story before you go to court for a domestic violence charge. Depending on your state’s laws, you may be able to use your notes (not read from them). But if the judge says you can’t have notes on the stand, you must know all the crucial details by heart. Going over the facts in your brain can help you remember new supporting details. A domestic violence lawyer can help you prepare for court.
Need a Domestic Violence Attorney?
Contact Goldman and Associates if you need assistance with a domestic abuse concern. Our criminal defense attorney has expertise assisting individuals in escaping abusive environments and helping you in preparing to go to court for a domestic violence charge. We will handle your case and fight for your rights. Allow our years of experience to work for you! Schedule an appointment here.