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.
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.
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 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 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.
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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