A Police Report
If you call the police for a domestic dispute, the police will arrive and likely take a report of what happened. They will interview you, your spouse, and any other witnesses to the disturbance. These interviews are usually conducted separately so that neither party can corroborate each other’s stories. If children have witnessed the incident, a referral may be made to DCFS so that a qualified professional can interview the children. Depending on the situation, they may take photographs and video recordings. They may check both you and your spouse for injuries, and they may photograph any injuries that they see. If the police do not offer to photograph injuries, but you want a record of the injuries you’ve sustained, you may request that the police photograph your injuries. While police aren’t the ones who decide whether or not charges will be filed, nor do they decide who the aggressor is, their report may contain their opinions on the situation. While a police report may be used as evidence against you or your spouse, it does not on its own do anything. It is simply a record stating an event did happen.
You or Your Spouse May Be Asked to Leave
Police may determine who the aggressor is and then ask the aggressor (or victim) to leave and stay in a hotel for a set amount of time per state law. Famously, Gabby Petito was determined to be the aggressor in a domestic dispute with her ex, Brian Laundrie, who later murdered Petito. In that domestic dispute, police determined that Gabby was the aggressor based on admissions that she made while speaking to the police. While they ultimately agreed that she did not pose a threat to Brian, they separated the couple and considered the incident over. While this should not discourage victims of domestic violence from reaching out, it is important to understand that in abusive relationships, it is not always obvious to outsiders which party is the abusive party. If the police have arrived, and you do not feel safe, you may need to request that they escort you to safety—even if you’re considered to be the aggressor. While you are separated from your abusive partner, it may be time to begin working on your escape plan.
Charges May Be Filed
In some cases, a prosecutor may decide to press charges against a person who is believed to have committed an act of violence against the alleged victim. It is important to understand that only a prosecutor decides whether there’s enough evidence to file criminal charges; an ordinary citizen cannot just randomly decide to file criminal charges. Charges may be filed even if that is not what the victim wants. For example, if the domestic violence is extreme and the victim needs emergency medical care, the alleged perpetrator is more likely to be arrested at the scene, as the police would have probable cause. An arrest does not necessarily mean that charges will be filed, nor does it mean that the perpetrator will definitely be convicted of a crime. If your partner has been arrested for an act of violence committed against you, you may need to take extra steps to protect yourself if you are trying to leave the relationship safely. You may need to get a protective order, for example, or hire a family law attorney.
When the Victim Won’t Testify
If charges are filed against your partner, but you refuse to testify against them in court, they may evade criminal charges or conviction. However, even if you do refuse to testify against your partner, they may still face charges and, depending on the evidence, they could still be convicted and serve time in jail depending on the situation. While this should not discourage domestic violence victims from getting the help they need to leave violent relationships, it’s important that victims of domestic violence understand that they may need to testify against their partner in order to ensure that their partner is convicted. In other cases, their refusal to testify may not make an impact on the prosecution’s willingness to file charges and pursue a conviction—which could result in an unsafe situation for a victim of domestic violence. If the victim is concerned about testifying and not obtaining a conviction, they may still be able to get protection via a civil protective order. A family law attorney can help you explore your options when it comes to obtaining a protective order.
Domestic Violence and Custody
Domestic violence does not always impact custody. Just because a person is a bad spouse does not mean they’re a bad parent. In the eyes of the law, if your spouse has abused you, that does not mean that they will physically abuse your children. However, if your spouse has physically abused you in the presence of the children, the court be more likely to see your spouse or partner as a danger to the children. This can affect custody. If you have concerns about your child’s safety, it is important that you speak with an attorney so that you can get customized advice on the best ways to protect your family.
When You’re in Danger
If you’re in danger due to domestic violence concerns, it may be necessary to get an attorney’s opinion on the matter as they may be able to help you protect yourself and your family. If you need legal advice in a domestic violence situation, contact CoilLaw today to set up your initial consultation.
