You’ve been accused of domestic violence and you know you haven’t committed this heinous crime, or some of the aspects you’ve been accused of. If you have been accused of domestic violence against your spouse, you may be worried that the case will be turned around on you and that you won’t receive the results you were hoping for. Sometimes, the theory of ‘marital privilege’ comes into play, which means that your spouse may not be forced to testify against you in trial if it means that your relationship will be destroyed due to the testimony.
If a victim refuses to testify against you, you may wonder if you will be prosecuted for domestic violence. The truth is, yes, a prosecutor can still move forward and prosecute you even if the victim refuses to give their testimony. However, it depends if there is enough evidence for them to move forward on their own. For instance, did the police arrive at the scene and find that the victim had bruises and took photographs of any injuries on their body? Maybe the witness who lived next door heard a fight happening and that was the reason why the police were called. These are bits of evidence that may be used against you in a case even without testimony from your spouse.
Will Prior Convictions Come Into Play?
If you are a defendant in a domestic violence case and the victim will not testify against you, you may worry that your past convictions will be brought into the case. Perhaps you have once been arrested for a crime of violence against another but you did not commit domestic violence this time. How will this look to the court? Your past may become relevant in a case if you have prior convictions of domestic violence and, unfortunately, the prosecution may be able to bring this information forward to a judge.
You could be left in an uncomfortable position if you have been accused of domestic violence. If there is evidence that is consistent with domestic violence, a case may be able to continue even if the victim won’t testify. However, without a statement from the victim, it is also very difficult to move forward with a case. We want to help you if you have been accused of a serious crime of domestic violence and you are unsure of how to move forward. Call us today at the Law Office of Peter Blair for more information.