How to Lay Criminal Charges for Abuse
There are many instances in which charges may be laid against someone for allegations of abuse. The victim may lay the charges, but relatives may also do so where minor children or incapacitated adults are concerned. While the process is not a difficult one to understand, being thorough is imperative for the case to be successful. There are certain steps that have to be taken to lay the proper groundwork for the charges to hold in court. Here is an overview of the process, including a list of things that those filing these charges should pay attention to.
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The most important evidence to have when laying charges of abuse is photographic proof of the injuries sustained. Since a picture says a thousand words, photographs will go a long way in proving a victim's case and will be very difficult for the defense to refute. The victim should have someone take lots of pictures of any injuries related to the incident and include shots from various angles. Photographic evidence is usually the difference between a case being prosecuted or dismissed.
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The victim of abuse or a witness to the abuse should document, document, document every detail about the incident of abuse, making sure to note the time, location, any witnesses who were present, any conversation that transpired, and any other information that may be remotely related to the incident. Additionally, have the victim document every situation that led up to the incident in question, such as previous altercations, threats, or other instances of abuse.
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Have the victim contact law enforcement to give a statement in the form of an affadavit. This is usually done at a local police station and is written in the victim's own words. The affadavit is a sworn statement outlining the incident of abuse in great detail. The documentation and photographs from the previous steps should be included with the affadavit once it is turned in.
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Make sure that the victim cooperates with the investigation in any manner needed. Have the victim attend all court dates, hearings, and questioning that the court may ask her to be a part of. If there are witnesses to the abusive incidents, it is imperative that they, too, attend any court hearings and cooperate with the courts. The most common reason that abuse charges do not hold up in court is due to lack of cooperation by the victim in the case.
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