What can I do about a domestic violence charge with no witness or medical records? 12 Answers as of February 06, 2013

In my case one big drawback is, nobody saw me being beaten by my husband. The beatings always happened at home and inside car with closed black windows. My divorce case is suffering badly as I am not able to provide evidence to support. I have no medical records but did call 911 and police report.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
The police reports and medical records do help to corroborate your claim of domestic violence if your case is going to trial. One thing you should keep in mind however: Now that New York State allows No-Fault divorce, if your ultimate goal is to obtain a divorce from your husband, then you may want to consider proceeding on a no-fault case. This is because in New York, the grounds for the divorce will often times have very little impact on the ancillary matters such as maintenance, equitable distribution, and other related matters dealing with the financial aspect of the case. So if you are finding it difficult to proceed on the grounds of cruel and inhumane treatment, but still want to get divorced, then I would recommend adding a second ground of no-fault to proceed.
Answer Applies to: New York
Replied: 2/6/2013
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
Beatings result in physical damage that is easily documented with photographs. If it was one incident I could understand you not documenting it but you refer to it as 'beatings' as in a routine or at least more than one time occurrence. There is no question your failure to document these incidents will be used against you in your divorce case. However, you don't need someone to witness the actual beating if you have anyone who can testify to seeing the physical damage after the beating that may help. Of course if there was no physical damage, you may want to down grade the term beating to verbal or mental abuse.
Answer Applies to: North Carolina
Replied: 2/6/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You can testify in court about the abuse and see whether the judge believes you.
Answer Applies to: California
Replied: 2/6/2013
Carey and Leisure | John Smitten
If the only witnesses are you and him then present your case. If you are in reasonable fear and meet your burden of proof the court will take this evidence into consideration.
Answer Applies to: Florida
Replied: 2/6/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You should present all of the evidence which you can muster. Unfortunately domestic violence is a crime and event which is difficult to prove. Present the evidence of contemporaneous reports showing event numbers.
Answer Applies to: Nevada
Replied: 2/6/2013
    Henry Lebensbaum | Henry Lebensbaum
    SPEAK TO A LAWYER. IT MY NOT BE A FATAL ERROR.
    Answer Applies to: Massachusetts
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Bring all of this to the attention of your divorce attorney. Somehow you must get away from this man.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    Some cases just come down to credibility. There isn't always proof other than your word. In any event, domestic violence, whether it is or is not happening, typically is irrelevant to everything in your case, except possibly custody/visitation issues. DV plays no role in economic issues of your divorce.
    Answer Applies to: New York
    Replied: 2/6/2013
    John Russo | John Russo
    Did the police charge him, i.e. did they believe there was probable cause to arrest and charge him at the time? If so they would be your best witnesses, if you are being represented by the AG office demand that the officers be subpoenaed in to testify, if this is a private domestic violence matter, and you DO NOT have counsel, you need to enter your appearance pro-se and then issue a subpoena yourself to the officers to appear who were at the scene. Also, your own testimony if believable will be your best asset at the hearing.
    Answer Applies to: Rhode Island
    Replied: 2/6/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Try to get copies of the police report. This might help you support your case.
    Answer Applies to: California
    Replied: 2/6/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    I would suggest having someone take pictures of your bruises.
    Answer Applies to: Georgia
    Replied: 2/6/2013
    Richard D. Zasada, LLC | Richard D. Zasada
    That's all you can do is testify truthfully and bring in as many witnesses as u can who have seem you after the events and they can testify how scared you were or your demeanor.
    Answer Applies to: Florida
    Replied: 2/6/2013
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