How to Press Domestic Violence Charges

An arrest is only the beginning of the process to right the wrongs of domestic violence. While an arrest might ensure a victim's immediate safety, her long term well being will hinge upon the successful prosecution of domestic violence charges and the rehabilitation of her attacker.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Documented evidence of abuse
• Witnesses

1. Call the police to report domestic abuse. An arrest must be made and formal charges rendered against an attacker before you'll be able to press charges through the courts.
2. Gather evidence to substantiate your claims of abuse. In the case of physical abuse, take pictures or make videos of bruises, cuts or black eyes. In the event of emotional or psychological abuse, write detailed accounts of abuse instances and support your claims by locating reliable witnesses.
3. Contact an attorney to help you prosecute your case. A prosecutor will be appointed for cases tried in criminal court, but you'll be responsible for contracting your own attorney to press charges in a civil case.
4. File a criminal case to punish your attacker for crimes against society. Criminal cases may result in jail time or probation. A conviction in a criminal case can also open the door for counseling and psychological treatment for both the attacker and the victim.
5. Press charges in the civil courts to recoup financial damages you've suffered as a result of domestic violence. A civil case will be decided by a lone judge instead of a jury of your peers and the burden of proof is much easier on the prosecution.
6. Keep your resolve while pressing charges against an abusive spouse. It's fairly common for victims to recant their testimonies out of fear that their legal action will irreparably harm their families. Victims need to understand that the best way to help an abusive partner is by ensuring that she receives the proper treatment and rehabilitation for the emotional issues that lead to abuse.
7. Read more about how to press domestic abuse charges at Growing.com. It maintains a comprehensive handbook for prosecuting abuse cases (see Resources below).

Tips & Warnings

• Some states have begun a "mandatory prosecution" practice in regards to domestic violence cases. Because some abused partners have difficulty pressing charges against their attackers, the government takes the initiative for them by pressing charges on their behalf once an arrest is made.
• Before reporting and prosecuting a domestic abuse case, find a safe place to stay. Contact friends or neutral family members. Most cities also have shelters set up to provide temporary or long-term housing for women and families as they press charges over domestic abuse.
• Pressing charges in a case might enrage an abusive spouse. Retribution attacks can be a very real threat when domestic abuse is reported and prosecuted.