In a recent unpublished court decision, the trial court was presented with two wildly different versions of what transpired between the plaintiff and defendant in a domestic violence case. The plaintiff testified that the parties were ending a relationship. Plaintiff went to a hotel and defendant masked his identity to connect with him on a dating app. The defendant showed up at the hotel room. At this point, the stories diverged substantially.
Plaintiff testified to a series of events, including a physical and sexual assault being perpetrated on him by the defendant. Defendant testified that he served the plaintiff with legal papers and that no such assault occurred. Indeed, the defendant left and filed a police report in order to allegedly protect himself against false allegations.
Ultimately the trial court concluded that one of the parties was not telling the truth. The stories were so wildly different that it was impossible to reconcile them. However, the trial court noted that the burden to prove a predicate act of domestic violence was on the plaintiff and that the plaintiff had failed to do so. The trial judge also noted that assuming the defendant’s version of events that the defendant acted stupidly, but the court could not issue a restraining order based on the bad judgment of a person. On the other hand, the court could not fully adopt the plaintiff’s version of events as they were shocking.
Essentially, the trial court was presented with the unfortunate by frequent problem of having witnesses who completely contradict each other and no other corroborating evidence. As a result, the victim did not obtain a final restraining order.
In domestic violence cases it is common that the two witnesses provide testimony that is contradictory. However, the scales can be tipped in favor of one side when additional evidence is provided. Having a skilled and experienced attorney to represent you in a domestic violence trial can make all the difference.
If you are the plaintiff or the defendant in a domestic violence case, you want to have an attorney who can guide you through the process of compiling and presenting evidence. But, there is very little time, as domestic violence trials are scheduled quickly and are a priority with the court.
When you meet with your attorney the first time, you want to bring any or all of the following that could assist with your case:
- Cell phone records
- Print out screen shots of text messages
- Photos
- Recordings of communications between you and the other side
- Copies of any prior restraining orders or court orders
- Any other documents relevant to your case.
This will assist the attorney during the initial consultation in determining the best offense (or defense) to present in your case.
The experienced attorneys at Baker Legal Group are here to assist you with this process. Our attorneys can review the evidence with you and help to prepare you to testify at the trial. Contact our office today for a consultation in your domestic violence case.