Dealing With Difficult Aspects Of Domestic Violence Cases
Interviewer: For domestic violence cases, what is the most difficult aspect for an attorney to deal with?
Brett Hollett: The combustible nature of both parties. Parties can go from I hate you to I love you in 30 seconds. Parties may try to reconcile and ignore the pending domestic violence case. Parties may ignore court orders to stay away from each other and not talk to each other. After a couple of weeks, their relationship may seem like it is back to normal and they think that everything is going to be great and fine; and that may very well be true but they have to go through the entire legal process to dispose of this case.
A Competent Attorney Keeps His Client Well Informed Regarding The Costs Associated With Handling the Case
Interviewer: So, did it ever come to a point where you ever have to like negotiate strategies or talk about strategies because of the amount of money it may cost someone? Do you ever have to negotiate like that? Can you give someone options like more competition or options that reduce costs?
Brett Hollett: We tell them we can provide them with cost and kind of tell them what we think may happen but at the end of the day, it’s going to be their decision and their decision may be limited by the amount of money that they have or the amount of money that they can spend and the seriousness of the offense and how they may think it will affect them. So, but yes, they’ll be informed along the way.
If A Policeman Suspects an Instance of Domestic Violence while Responding to a Call, They Will Make an Arrest
Interviewer: Would there still be problems if a neighbor calls and his call is for a domestic violence dispute it’s like cops come knocking on the door and they’re like “Hey, we got a neighbor call that there is a disturbance in here and there’s something happening” they say “No. There’s nothing going on here.” Is there still going be an arrest because of that?
Brett Hollett: It depends on what the officer observes at that point and what they find if they knock on the door, they’re probably going to ask to see both parties and if both parties come to the door and it doesn’t look like there’s been a struggle or a fight, then they may leave or they may ask them to quiet down or whatever the reason for the call was initially. But if one party comes to the door and it looks like they’re disheveled or they’ve been hit or something else is going on, then they start questioning them about that and most likely, in that instance, the other person probably is going to go to jail.
Recanting Of Allegations in a Domestic Violence Case is a Common Occurrence
Interviewer: Have you ever seen cases where the alleged victim admits to exaggerating claim and decides to drop the charges? Is that something common?
Brett Hollett: Yes. The reason why this happens is much more difficult to determine.
An Alleged Victim that Recants Allegations of Domestic Violence Can be Charged With Filing a False Police Report
People’s stories change. If that happens and alleged victim no longer wants to prosecute the offense or cooperate with the DA because she forgives the person or the events really didn’t happen the way they were initially explained to the police or whatever. Without the victims testimony the DA likely does not have enough evidence to pursue a conviction and will likely be forced to dismiss the case. However, the alleged victim could now be charged with filing a false police report.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990