Do they have to prove in some way other then just someone saying they did it that they were a victim or domestic violince for a restriaininh order to really take place. What has to be done for this to go through?
2007-01-18 13:13:41 · 7 answers · asked by caligirlatheart10 1 in Politics & Government ➔ Law & Ethics
Take pictures of the injuries,
The injuries or wounds must be certified by a doctor, and
Take the statements of witnesses.
Present all of these in court in order to have a good case.
2007-01-18 13:21:56 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Well in my experience, the system sucks, courts want documentation, police need to see physical evidence, bruises or nosebleeds, the cops around my area wrote my girlfriends baby's father off as a joke, even though he was threatening them, she tried to get a TRO, but the courts wouldnt allow it because nothing physical had happened, my advice to u would be go to the police, and ask to speak to an officer, ask what you can do, see if they will make a report, or at least get his or her name and badge number, in case you do go to court, and need validation that somethign was already brought to the authorities connection, if he calls more than 3 time, find the number out of the phone book so u can send the number to a harassment line, and again that is documented. I hope all goes well with you...i will send a prayer up for u, just document everything.
2007-01-18 13:23:54 · answer #2 · answered by Jessica 2 · 0⤊ 0⤋
What I would do is contact your local DA's office to find out what is needed.
My understanding is that if you can prove reasonable fear and danger from the person, a retraining order can be issued. Then again, I have never gotten one, so I may not be right. Contact the DA or a lawyer that specializes in family law. They should be able to help you with the info you need.
2007-01-18 13:24:12 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
carry copies of the reliable court docket files of the fellow's relations violence prices. and also carry any witnesses who've witnessed the fellow doing some thing that can make the fellow "undeserving." also once you've any pictures or some thing that shows the youngster chuffed about the position they presently are, carry that. also, in the journey that they are doing properly in college even as with you, carry grade comments from instructors, or instructor feedback. some thing that would want to educate that it truly is in the perfect activity of the youngster to be with you, and then talk about all the undesirable issues which have got here about even as the youngster became with the different man or woman, or (inspite of if the youngster wasn't with them) if it would want to educate that they don't seem to be a in nice condition homestead to develop that child. So if there is drug use, of alcohol abuse, or lots of scuffling with, or inhabitable residing situations, etc. only save all of it prepared in a binder and make positive you've it waiting to present day and that you'll lay the muse for each piece of information that you carry. So no matter if it truly is a instructor record, then you definitely might want to even choose the instructor to go back to testify that he/she did quite write that record, or in the journey that they can't come, then a minimum of have some thing very "reliable" searching from the college that shows the record is on the college's letterhead or in the envelope, or the reliable college grade record, so it truly is going to likely be admissible as an many times executed corporation record and an exception to rumour. sturdy success. it truly is type of humorous because in regulation, you could't generally use personality information, the massive exceptions are for situations the position personality is the proper challenge in the case, like for custody disputes. So seem for personality stuff. And save in recommendations, the court docket doesn't care about each little ingredient. They care in reality about "what's in the perfect activity of the youngster."
2016-11-25 19:26:07 · answer #4 · answered by ? 4 · 0⤊ 0⤋
It is the duty of the Court of judge the credibility of witnesses. You can be convicted or acquited of domestic violence by only the testimony of the parties involved. No witnesses to the incident are required.
2007-01-18 13:19:24 · answer #5 · answered by David M 7 · 0⤊ 0⤋
it depends on the laws of your state. a witness helps or in states like NJ all you have to show is an obvious wound and the police have to arrest.
non violent abuse will depend on court room testomony. a good lawyer helps.
local groups can help such as battered womens shelter. there is almost no help for men.
2007-01-18 13:22:02 · answer #6 · answered by frank r 3 · 0⤊ 0⤋
is saying enough or is paper trail needed?
2015-08-28 04:53:19 · answer #7 · answered by lauralie2376 1 · 0⤊ 0⤋