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How Do Domestic Violence Investigations Work?

Posted in Criminal Defense,Domestic Violence on June 24, 2020

If you or somebody you care about has been arrested in charged with domestic violence, you need to seek legal assistance as soon as possible. Domestic violence investigations can be complicated, and you need to be sure that you are treated fairly throughout the entire process. You cannot rely on the prosecution or law enforcement to conduct a thorough investigation of your case. At the Law Offices of Graham Donath, APC, our knowledgeable and experienced Riverside domestic violence attorneys want to help you get through this today.

Understanding a domestic violence investigation

Essentially, investigations into domestic violence claims began as soon as law enforcement arrives at the scene of an incident. Initially, police are usually required to render initial first aid to anyone who needs it before handing over care to emergency medical responders.

The police who arrive at the scene of an alleged domestic violence incident will then begin their investigation. They will want to interview everybody involved as well as any witnesses to the alleged incident. In these situations, it is not uncommon for more than one police officer to be on the scene to control the situation and conduct separate interviews. If an area is small, officers will do their best to keep those involved as far apart as possible with their backs to each other.

What are the police looking for?

It is important to note that police are required to conduct an investigation when they arrive at the scene of an alleged domestic violence incident. Aside from conducting interviews with all parties involved and any witnesses, officers will thoroughly investigate the scene.

If there had been any serious injuries, officers will want to take photographs of the injuries as well as any blood around the scene. Police officers will note any torn clothing on those involved, as this could be a sign of struggle.

Officers will also be focused on whether or not furniture is damaged or in disarray. Initially, an alleged domestic violence scene may be treated as a crime scene and processed by photographers, detectives, and crime scene investigators.

Law enforcement and prosecutors in these situations have a strong pro-prosecution bias. This means that they may pressure alleged victims of domestic violence and witnesses to testify against the person charged. In other words, the police and prosecution are looking for all evidence that can help them with their case while possibly disregarding evidence that could disprove a domestic violence allegation.

When should I call my attorney?

If you or somebody you love has been arrested and charged with domestic violence, you need to call an attorney as soon as possible. At the Law Offices of Graham Donath, APC, we understand how important it is to have an advocate by your side when these charges have been levied against you. Law enforcement and prosecutors will use the evidence that they gather against you, but this does not mean that they were diligent in their investigation.

A skilled San Bernardino criminal defense lawyer will conduct their own investigation into the incident. This includes analyzing evidence and gathering new evidence as well as speaking to all eyewitnesses to the incident. The goal of an attorney in this situation is to work to get the charges significantly reduced or dismissed altogether.