What Domestic Violence Survivors Should Know Before Court

State legislatures in the Midwest have struggled to deal with decades of domestic partner violence. In addition to harsher criminal laws and protective order statutes, family law statutes have been amended and modified over the years in an attempt to mitigate the long-term fallout associated with domestic abuse.

In any divorce or child custody case, if one parent proves that they are a victim of domestic violence due to misconduct by the other parent, then the abuser may not have custody and must pay for all of the victim’s attorney fees. The accuser, or victim, has to prove the abuse by a preponderance of the evidence, which means that the judge would consider all the evidence and find “more likely than not” that domestic violence occurred.

Evidence of domestic violence takes many forms. It can be from the testimony of one witness, if the judge believes that witness. Other forms of evidence include photos, audio recordings, video recordings from phones or security footage, police reports, and medical records. If someone was the victim of abuse but does not have any photos or other records, the other side may claim that “there is no evidence.” That is not true, because the victim’s statement, or testimony, by itself, is evidence.

In many domestic violence cases, the strategy of the abuser is to try to show that the victim is not believable. They will look for inconsistencies in the victim’s words and behavior. Abusers will also try to blame shift, or make the violence the victim’s fault. They will also try to distract the judge and upset you by bringing up some irrelevant behavior or fact, such as “She got a DUI ten years ago!” When domestic violence is an issue in a case, judges generally allow the accused to put on as strong of a defense as possible because of the harsh consequences associated with a domestic violence finding.

Bundy Law can help you prepare your case and yourself for the courtroom. We have training and literature for witness preparation that other lawyers do not know or care about. We are an effective ally and advocate for domestic violence victims, with proven strategies to assist in divorce and child custody disputes.