If you have a tight budget, stick with your public defender. But if you can afford to do so, hire a private criminal defense attorney who specializes in domestic violence. You’ll get more personalized representation.
If you were to represent yourself, you’d be responsible for knowing all those rules and procedures the same as any attorney. Unless you went to law school, this is a lot to ask. It’s entirely possible to have a civil case and a criminal case come out of the same event. For example, a prosecutor might charge you with criminal domestic violence and then your partner might sue you for damages. [3] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
The final decision is always yours—your attorney can’t do anything without your consent, even if they’re a public defender. Remember: they work for you. Tell your attorney about any evidence you have that contradicts the evidence against you. Anything you have that brings the victim’s story into question increases your chances of winning. Even if your attorney recommends settling (civil) or taking a plea bargain (criminal), you can still fight if that’s what you want to do. Just make sure it’s actually in your best interests to do so.
You and your partner had an argument that escalated and resulted in domestic violence charges. You’ve since made up and want to close this chapter and move on with your lives together. Your partner has refused to testify. File a motion to dismiss. [5] X Trustworthy Source United States Department of Justice Official website of the U. S. Department of Justice Go to source You and your partner have separated and they want nothing to do with you. They bad-mouth you to everyone so you can’t find anyone willing to testify on your behalf. You just want to have this over and done with. Accept a plea deal. [6] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source The whole thing was a huge misunderstanding. You hurt your partner but you didn’t mean to—it was a complete accident. Go to court and argue accident as your defense.
Accident: You did hurt the victim, but your actions weren’t intentional[9] X Research source Self defense: You did act intentionally and injure the victim, but you only acted to defend yourself against the victim (in domestic violence cases, you can show a pattern of violent behavior on the part of the victim to prove self-defense)[10] X Research source Consent: The injuries the victim sustained happened during consensual activity[11] X Research source
For example, your partner might claim you assaulted them on Saturday night, but you were out with your friends on Saturday night—and your friends are willing to testify to that. Your alibi makes it doubtful that you assaulted your partner on Saturday night. Your job is a little easier in a criminal case because the prosecution must prove their case beyond a reasonable doubt. Anywhere you can raise doubt regarding their case, you increase your chances of winning. In a civil case, the plaintiff only has to prove that their version of events is more likely than yours. This means some of the more far-fetched explanations you could come up with that might benefit you in a criminal case won’t really help you in a civil one. [13] X Research source
If there was anybody on the scene who witnessed the specific incident, it’s definitely good to have them testify on your behalf—especially if they’re strangers to both of you who just happened to be around. You can also have people lined up to testify as character witnesses. These people don’t necessarily talk about the alleged domestic violence. Instead, they talk about your reputation and character generally.
If you were arrested and got out on bail, read the conditions of your release very carefully. Any violation of those conditions can land you right back in jail. If you’ve been sued in civil court, this includes getting in any kind of argument with the person who sued you. Don’t give them any more evidence they can introduce in court to show that you’re an angry, violent person. You also might have a protective order against you. Follow the terms of the order exactly and don’t contact the victim in any way.
Avoid even looking at the victim—they might accuse you of staring them down or trying to intimidate them. Look at the judge or keep your eyes straight ahead at all times. Dress in clean, professional clothing, as though you were going to a job interview. More conservative attire will help people take you more seriously.
If you lose in court, talk to your attorney immediately and let them know you want to appeal. They’ll evaluate the different bases of appeal that might be available to you and let you know your odds of success.
If you take pictures on your smartphone, don’t edit them in any way. Try to take photos in natural light without a lot of shadows so any marks on your skin are clearly visible. Digital photos taken with a smartphone automatically include the date and time they were taken in the metadata. This information can be retrieved by the prosecutor or your attorney.
If a witness considers themselves a friend of both of you and says they don’t want to get in the middle of it, tell them you’re not asking them to pick sides. You’re just asking them to tell the court what they saw.
You can also use your written account to jog your memory as you prepare for your court date.
This document merely tells the person they’re not allowed to contact you or come near you, but it has teeth—if they violate the protective order, they’ll be sent to jail immediately.
Most prosecutor’s offices have victim advocates to help you as well. They can explain court procedures, help you navigate the criminal justice center, and connect you with other resources you might find beneficial. Keep in mind that the prosecuting attorney isn’t your attorney—they represent the state and the state’s interest. You are the victim, and a witness, but you are not the prosecuting attorney’s client and don’t have attorney-client privilege with them.
If you’re worried about paying for an attorney, look for affordable options in your area. You can start with your local legal aid society. Nonprofit victim advocacy clinics might also have legal resources available. Any attorney who has experience with victims of domestic violence also understands what you’re going through—they’ll listen to you and support you every step of the way.
For example, if the defendant claims they acted in self-defense because you’re a violent person and they were afraid you’d hurt them first, witness testimony that you’re a calm, gentle person with no history of violence would counter their claim.
Talk to your attorney about your fears—they’ll help you through them. If you’re worried the defendant will bring up things about you that are embarrassing or shameful, talk about that too. Your attorney can help you prepare for the worst. Your attorney will also ask you questions the other attorney is likely to ask. If any of them upset you, talk to your attorney about it—they’ll give you strategies for handling your emotions in court. Talk to close friends and family as well. Lean on them for support and let them help you in any way they can leading up to your court date. You’ll feel stronger for it.
Wear something that makes you feel strong and empowered. For example, a navy blue pantsuit with a button-down shirt could help you feel strong and in control. You might even want to go shopping for something new so you don’t have any pre-existing associations with what you wear to court. You can’t go wrong with navy blue or neutrals like gray.
When you’re asked a question, pause and repeat the question back to yourself in your head. Then, give your answer. Speak slowly in a loud, clear voice so you can be heard. The defendant’s attorney might deliberately say things to upset or antagonize you. Handle the cross-examination by remaining calm and sticking to the facts. If you need a minute to collect yourself, just ask! The judge understands and will have no problem giving you some time.
If the defendant is found not guilty on criminal charges, prosecutors can’t appeal that verdict. However, you can still seek a restraining order if you don’t already have one and you want to keep the defendant away from you.
