Law

DOMESTIC VIOLENCE TRIAL PROCESS: HOW DOES IT WORK?

You’ll almost certainly face a trial if you’ve been charged with domestic violence. Even though this type of case rarely progresses that far, it’s critical to be ready.

Let’s take a look at the steps that must be taken before a domestic violence case can proceed to trial. How does the trial process work?

Assault, criminal harassment, and cyberstalking, to name a few examples, are all kinds of domestic abuse. It’s stressful to deal with domestic violence, let alone handle the legal process. It doesn’t have to be a lonely process; an assault lawyer in Vancouver can help.

The general procedures to follow when taking a domestic violence case to trial are as follows:

Step 1: Upon arrest, a no-contact order may be issued.

Domestic abuse accusations can lead to an arrest, especially if there is evidence of an incident. The victim might ask for a no-contact order after the call is made. If the victim is believed to be in danger of additional injury, the court may order one.

Step 2: You must appear in court for a preliminary hearing.

This is where you appear in court to plead guilty or not guilty to domestic abuse charges. The fees will be thoroughly discussed. Before the arraignment, you should consult with an attorney to assess what is best for your situation.

Step 3: Time for the hearings.

The pretrial and motion hearings will follow. Get advice from your attorney regarding the possibility of a conviction based on your criminal history, victim harm, and other factors. During the hearings, both parties may reach an agreement, or you may proceed to trial.

Step 4: The prosecution or defense may set a trial date if they cannot agree.

You have the right to have a jury trial as a defendant. You can also choose a judge-led problem, where there will be no jury. Remember to think about the evidence against you and speak with an attorney before going to trial for domestic violence.

Here are a few nice ones to ponder:

  • Is it possible to get a domestic violence charge dropped?
  • Is the evidence in the domestic violence case sufficient to convict?
  • How likely is it that the domestic violence case will be successful?

Once you are in court, what happens?

The trial has here, whether you want it or not. That means it’s time to start planning a legal strategy with your defense counsel to help you escape a conviction.

The victim and the defendant will have the opportunity to present evidence during the trial. Insufficient evidence is one of the quickest ways to reject a domestic abuse case. 

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