5 Common Tactics Prosecutors Use in a Domestic Violence Case

Explore common tactics prosecutors use in a domestic violence case to understand their strategies and protect your rights.

5 Common Tactics Prosecutors Use in a Domestic Violence Case

Prosecutors in domestic violence cases use tactics that include overcharging, intimidating you through your recorded conversations and criminal history, proceeding with the case without the victim, enforcing strict no-contact orders, and the “victims don’t lie” narrative. Domestic violence-related legal matters are complex and serious. Navigating these cases is pretty hard, given their inherent nature of being devoid of evidence. The absence of evidence can harm your case when you’re accused of being the perpetrator of domestic violence. As soon as you’re accused, you need to lawyer up to prove your innocence. Domestic violence cases aren’t taken lightly by the court and people around you. If it ends up in your permanent record, it can have lifelong consequences and alter your life.

1.  Alleged Victims Don’t Lie

One of the most common tactics prosecutors use is claiming that the alleged victim has no reason to fabricate their claims. This can encourage jurors to place significant weight on the accuser’s credibility early in the case.

Even if the victim’s story has inconsistencies, the prosecutor may argue that it is the direct result of the trauma they experienced and caused by the defendant’s alleged domestic abuse and their fear of the defendant.

2.  Bringing Up Your Criminal History

In most cases, the prosecutors aren’t allowed to bring up the defendant’s past criminal record during the court hearing.

Despite this, the prosecutors will still attempt to bring it up. With your prior felonies, especially those involving violent actions, they argue that you have a history of exhibiting violent behavior.

By bringing up your past criminal convictions, the prosecutors will try to argue that you’re guilty of your domestic violence charge.

Especially if you have past domestic violence cases, the prosecutor may suggest that you perpetrated against the victim again in this particular case too, even if you’re not guilty and there’s no evidence of you perpetrating the violence.

3.  Documenting Your Recorded Conversations

The defendant’s conversations while they’re in jail or the phone calls they make while jailed can be recorded. Even a little innocent remark can be used against the defendant. Additionally, prosecutors may use the conversation that took place when the alleged victim called 911 to report the defendant.

Any inconsistency or remark in the defendant’s story from these conversations allows prosecutors to accuse them of being guilty. If anyone witnessed these conversions, prosecutors may use them as witnesses to make the case against the defendant.

4.  Piling Up Charges Against You

Prosecutors increase the charges against the defendant to pressure them into accepting their plea deal. They pile up unnecessary charges unrelated to the incident to increase the defendant’s jail time. 

These redundant charges eventually pressure the defendant to accept the plea deal to reduce their penalties.

5.  Strict No-Contact Orders

Sometimes, prosecutors file a no-contact or restraining order, claiming that it’s to protect them against the defendant. They enforce a strict no-contact rule between the defendant and the victim with this order. They always file a no-contact order, no matter whether the evidence suggests that the defendant will genuinely hurt the victim or not.

These no-contact orders eliminate any chance of the couple reconciling, and prosecutors will have the full support of the victim without the victim changing their mind.

Why Is Legal Help Very Crucial Here?

Evidently enough, navigating the attacks of the prosecutors yourself can be hard. A criminal defense attorney, on the other hand, employs strategies like:

• Beyond just the supposed trauma, there are some obvious, blatant inconsistencies and patterns in the stories that are completely unrelated. An attorney notices these easily.
• An attorney can collect evidence and at the same time demonstrate the lack of evidence that proves you weren’t the perpetrator of a domestic violence case.
• They question witnesses and analyze situations where you had to take actions, which proves you acted in self-defense rather than being a domestic violence perpetrator.
• An attorney challenges the whole credibility of the case you’re accused of to prove your innocence.

Key Takeaways

• Prosecutors always argue that alleged victims don’t lie and their inconsistent statements reflect trauma from the abuse.
• They will bring up your prior convictions or felonies to suggest you have a history of violent behavior, so you’re guilty of this case.
• Conversations during 911 calls and recorded jail communications can be used by prosecutors to support their case.
• If the victim doesn’t testify against you, the prosecutor still may proceed with the case against you with the evidence they have.
• Prosecutors may increase the charges against you to increase your jail time, hoping that it pressures you to accept their plea deal.
• Enforcing a no-contact order to prevent the defendant from contacting the victim so any chance of reconciling is eliminated.