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Setting The Stage For Trial In A Domestic Violence Case
Trials in domestic violence cases are actually somewhat common. Everyone involved wants to have their voices heard as they try to avoid being labeled a domestic abuser. In the event that these matters cannot be settled in a way that is fair to all parties, it might be necessary to take this thing all the way to trial. It is important to understand the procedure steps that occur in a domestic violence case in order to know what is going to happen next if you are ever involved in one.
Pre-Trial
There are very likely to be multiple pre=trial hearings in which the prosecution presents some of the evidence that they have in this particular matter. They might turn over things such as the 911 calls made the night of the incident and anything else relevant to the case. This is also the prime moment in which the two sides are able to strike a deal if that is something that they plan on doing in this case. Both sides will fight very hard to make that happen. The success or failure of those negotiations is often dependent upon what kind of evidence the prosecution has in the first place.
Preliminary Hearing- Defendants that are facing a felony charge will also have to go through a preliminary hearing. This is the moment in which the prosecution must present the case that they have probable cause to move forward with this situation. The defense is actually not required to present evidence during this portion (and they usually do not). It is all about the state showing that they have some reason to have this suspect continue on to the next stage in this particular matter.
Trial
Getting witnesses to come to trial in a domestic violence case is the hardest part of what a prosecutor does in these particular situations. They will want to have their victims present to be witnesses at the trial as they are likely to provide the bulk of the information about what happened in the incident as they see it. The problem is that many witnesses are not cooperative with these requests either out of fear or embarrassment.
It is possible for a prosector to put out a subpoena compelling their witness to show up. If the witness still does not show up then it is possible to have an arrest warrant issued to try to force them into court. However, most of the time a prosector does not want to have to arrest their own witness in order to get them to come to court. It is not a good look for them. In that particular scenario they are probably more likely to simply dismiss the case at that point.
Each individual case has its own unique set of twists and turns. Those charged with a crime should follow the lead and advice of their attorney about what they should do in any particular circumstance. The attorney will have worked on these types of cases in the past, so you might as well trust their judgement on these matters to determine what is best for your particular set of circumstances. If you do put your trust in them, then you will surely come out of this situation a lot better than if you had not done so.