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Proving Domestic Violence in a Long Island Divorce Case

by | Apr 9, 2019 | divorce, Domestic Violence, News and Events

Sadly, many cases of divorce on Long Island arise from situations of domestic violence. Too many of them are legitimate cases of violence, and some are false accusations driven by the desire of one person to gain control over the other. Whether you’re working toward proving that the violence occurred or you’re fighting unjust accusations, you’ll need evidence on your side. Here’s what you need to know about proving domestic violence in a Long Island divorce case and what types of evidence can be brought forward.

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Photographs

Photographs can be powerful evidence in a domestic violence case. They can more accurately depict how the alleged victim was injured and what may have occurred between the alleged victim and perpetrator. A common defense against photographic evidence is to suggest that the identity of the person in the photographs cannot be established.

Witness Statements

Although domestic violence is largely a “he said, she said” matter because it tends to take place behind closed doors, witness statements that do exist can be very valuable on both sides of the matter. For example, a witness may be able to testify that they saw the alleged perpetrator exhibit aggressive or violent behavior toward the alleged victim. Or, a witness that saw the violence may be able to testify that the alleged victim was actually the instigator of the violence and the alleged perpetrator only acted out of self-defense.

Phone Call and Text Records

Phone records, including text message records, can be a helpful tool in a domestic violence case. They can more accurately illustrate the relationship between two people or even give an indicator if one partner has the motive to bring forward false allegations of abuse. For example, phone records could show where the alleged perpetrator made threats to harm the alleged victim in the past, or they could show where the alleged victim threatened to report domestic violence if the alleged perpetrator did not comply with their requests.

Medical Records

Medical records are often even more critical than photographs if they exist. If an alleged victim had to go to the hospital or to their doctor for medical care after being assaulted, the medical records from those visits can help prove that the violence actually occurred and the victim was legitimately harmed by it. This leaves very few legal strategies for the alleged perpetrator — they would likely need to have a solid alibi for the date that the alleged victim received medical care that would prove they were elsewhere and couldn’t have committed the abuse for which the alleged victim was treated.

Long Island Divorce Lawyers & Family Law Attorneys Can Help with Your Domestic Violence Case

No matter what side of the issue you’re on, it’s important that you have an experienced legal team in your corner advocating for your rights and best interests from the start of the case through to the final settlement. Our Long Island divorce and family law attorneys have helped many victims of unconscionable domestic violence get the justice they deserve, and we’ve helped reveal the truth in cases where alleged victims were making false accusations against their partner in an attempt to harm them.

If you’re involved in a divorce with a domestic violence component, don’t hesitate to contact our divorce and family law firm for a free consultation. We can help you learn more about your legal options and help you decide what your next step should be. Call now at 631-923-1910.

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly

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  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
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