Domestic violence is a serious issue. In order to handle the issue effectively and to give justice for the victims, it is important to understand the evidence required to secure convictions in domestic violence cases. What are the types of evidence needed to convict perpetrators of domestic violence?
About Domestic Violence
Domestic violence, which is also known as intimate partner violence or domestic abuse, refers to a pattern of abuse behavior in a relationship where someone seeks to gain and maintain power and control over another person, usually within a close or intimate relationship. This kind of action is not limited to physical violence. In fact, it can also include a few things such as emotional, psychological, sexual, and economic abuse.
Evidence Needed to Convict Perpetrators of Domestic Violence
There are several types of evidence needed to convict perpetrators of domestic violence, as follows:
1. Injuries
Bruises or injuries received by the victim of domestic violence can be evidence of domestic violence. Just back it up with the medical report or post mortem so that the law enforcement officer will believe it.
2. Weapons
Weapons can be used as evidence in domestic violence cases. It can be strong evidence, especially when they are used to harm the victim. Make sure to keep weapons that witness the incident to show them in the court.
3. Damaged Property
Property may be broken or destroyed during the domestic violence incident. If it caused harm to the alleged victim, it can be used as evidence of domestic violence. For instance, a flower vase was thrown to cause physical harm or fear. However, if it happened accidentally without intended to harm the victim, vandalism may be charged instead of domestic violence charges.
4. Statement from Victim
One of the strongest evidence to convict perpetrators of domestic violence is the statement from the victim itself. However, it can also be a liability if the statement was made up as a revenge for something like a bad breakup or an effort to get custody of the children.
5. Testimonies from Witness
If there are people who witnessed domestic violence, they are usually asked by prosecutors to give testimonies of what they heard or saw during the incident. The witnesses may include family members, friends, neighbors, or any other bystanders. In addition, police officers can also be a witness in case they saw or heard about this incident upon arriving at the scene.
6. Testimonies from Expert
Professionals such as medical experts (doctors, nurses, etc.), therapists, and counselors can testify about the physical and psychological impact of domestic violence. They have to follow mandatory reporting laws. Basically, if a patient who comes to them has suffered injuries due to domestic violence, they have to report this to law enforcement. The testimonies from these people can strengthen the claims made by the victim.
7. Medical Reports
Medical providers have to report to the law enforcement when they find patients who are the victims of domestic violence. Medical reports that show an alleged victim sought treatment for injuries related to domestic violence can be strong evidence.
8. Police Report
If one who has suffered from domestic violence has reported what they have experienced to the police, that documented evidence of a history of abuse allegations can be used as evidence of domestic violence, it does not matter whether or not charges were filed.
From this document, it can also be known if the police ever visited the home as an action to respond to calls made by friends or neighbors who heard or were concerned. A record of prior police visits to a home can be used as evidence to back the claims made by the alleged victim.
9. Protective Orders
Protective order is described as a court order that can protect a person from being abused physically, sexually, or both, threatened, stalked, or harassed. If the victim has sought this kind of order against the perpetrator, these legal documents demonstrate the ongoing threat and fear.
10. Text Messages and Emails
As stated before, domestic violence is not limited to physical violence. Aside from that, it also includes emotional and psychological abuse. One of the things that the perpetrators do to manage the victim emotionally is to send messages and emails. If it is the case, all the text messages and emails sent by these people can be gathered to use as evidence for domestic violence cases.
11. Call Logs
The perpetrators of domestic violence can be manipulative. In some cases, they call the victims a lot to damage them emotionally and to break their mental health. The amount of call logs can be evidence how strong the domestic violence case is.
12. Social Media Posts
Post or messages found on social media that show a history of abusive behavior or threats can establish a pattern of violence. Do not delete all of them and gather them instead to show them in the court.
13. GPS and Location Data
If the domestic violence case involves stalking or harassment, data from devices can prove that there are unwanted contacts.
14. Photographs
Photographs are known as one of the strongest physical evidence in domestic violence cases. They can provide visual documentation of injuries, property damaged, and the scene of the incident. The level of harm inflicted can be considered from photographs. Besides, they can also demonstrate a pattern of abuse and support the statements given by the victim.
Bottom Line
In conclusion, convicting those who are responsible for domestic violence requires an approach that combines physical evidence, testimonies, documentation, and digital evidence. The evidence is helpful for law enforcement and legal authorities to ensure that justice is served and that victims are protected from further harm.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
