Difficult Aspects Of Domestic Violence Cases For An Attorney

Interviewer: What would you say is the most difficult aspect for an attorney to deal with when it comes to a domestic violence case?

Court Koehler: It can be a very emotionally charged situation. The most stressful cases are those kinds of cases where somebody gets hurt or somebody makes an accusation, whether it’s true or not, when an accusation of domestic violence is made, it’s never a happy situation. It’s a very emotional and very dramatic thing because you’ve got somebody that’s accusing somebody else of doing something that’s very serious and very frowned upon in society. Whether or not they’re telling the truth, either way, it’s going to be just a really heavy and emotional kind of a thing. It’s not the sort of thing that people look at as a onetime mistake or an error in judgment. It’s something that people look at as a flaw of your character. It can be difficult to defend somebody against those sorts of accusations.

Prosecutors May Utilize A Child’s Testimony To Prosecute Either of the Parents in a Domestic Violence Case

Interviewer: Does prosecution ever utilize the testimony of a child and somehow manipulate it to seem like it’s that person’s fault all the time?

Court Koehler: Manipulate is such a strong word. I don’t want to say that a prosecutor would manipulate, necessarily, a child’s testimony, but yeah, they’re going to see a child’s testimony their way. Their way is through the lens of the victim. That may or may not be the facts or the truth of the matter. There’s always two sides to every story. That’s what our justice system is based on is getting both sides out and seeing sort of weighing them and deciding which one is more credible. Yeah. When there’s a child that testifies and if they say something that is very incriminating or very damaging to your case, you can definitely be 100% sure that the prosecutor is going to use that as much as he can. He’s going to beat it into the ground. Yeah. Definitely. I wouldn’t say that … I don’t know if that constitutes manipulation, but that constitutes what the prosecutor’s going to do, which is tell his side of the story. You need to have somebody telling your side of the story to mitigate that.

A Quick Summary Of the Things to be Concerned About When Facing Assault or Domestic Violence Charges

Interviewer: Is there anything else that I may have missed that you want to throw in?

Court Koehler: Just give a quick summary, some of the things that you want to be concerned with are the collateral consequences, the effect on your record, and also the effects on things like gun rights and child custody and things like that. Those are the concerns that you really need to look at when you’re determining whether or not you need an attorney. I think you do in almost every case. Secondly, if you’re wondering and wanting to know more about what kind of case you have and what the prosecution can do. I would talk to an attorney about or look into the sorts of privileges in evidence and the law of evidence. Particularly if it’s a spouse. There’s a spousal privilege against testifying. Things like that can make a big difference in your case. Whether or not somebody’s going to testify against you to substantiate the prosecution’s charges, what the whole case is going to hinge on, most of the time.

By Court Koehler

Get your questions answered - call me for your free, 20 min phone consultation (801) 441-2013
Get Help Now