{"id":5395,"date":"2025-05-28T20:17:12","date_gmt":"2025-05-28T20:17:12","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5395"},"modified":"2025-06-11T18:29:56","modified_gmt":"2025-06-11T18:29:56","slug":"the-evidence-required-to-prosecute-domestic-violence-cases","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/the-evidence-required-to-prosecute-domestic-violence-cases\/","title":{"rendered":"Las pruebas necesarias para procesar los casos de violencia dom\u00e9stica"},"content":{"rendered":"
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Entrevistador: <\/strong>What sort of evidence is needed to prosecute the domestic violence case<\/a>?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>Not very much. To get the temporary restraining order, you simply have to go down to the police station or to see the domestic violence team at the family court and tell them what happened. If it\u2019s at the municipal court, they will call the judge, and he will issue a telephonic restraining order. If you go to the family court, they\u2019ll help you write up an application, and then you\u2019ll go before the judge. If you tell him the right words or tell either judge the right words, they will grant the orden de alejamiento<\/a>. It\u2019s not about determining whether everything you\u2019ve said is true or whether everything you said is severe enough to require a restraining order, and that\u2019s left for the court date.<\/p>\n\n\n\n

A Temporary Restraining Order Is Almost Always Issued When Domestic Violence Is Alleged<\/h2>\n\n\n\n

So, the temporary restraining order is almost always issued if there is a domestic relationship and a predicate act has been alleged. And really, if those two things were there, they don\u2019t look at the seriousness of it at the outset. Quite honestly, whenever the police show up at a home, if there\u2019s just been an argument, they\u2019re going to tell both parties, \u201cyou know, you can get a TRO,\u201d and they\u2019re trying to get them to file these things because they don\u2019t want to deal with this but want the courts to deal with it. They don\u2019t want to make the wrong call; they want someone else to make the call.<\/p>\n\n\n\n

The Courts Are Flexible As To What Sort Of Evidence They May Accept In A Domestic Violence Trial<\/h2>\n\n\n\n

Getting the case in, the very little evidence is required. When you get to court, there is a lot of formality involved, but the courts are flexible as to what types of evidence they\u2019re going to accept. Many times, I will have a computer expert take somebody\u2019s iPhone, and they\u2019ll pull every text message that\u2019s ever been sent between those two people there, and we have really a wonderful, basically a book on everything that\u2019s going on between these two people. Sometimes, it\u2019s photos that have been sent, emails, voice messages and that\u2019s \u2014 and getting the evidence into a manner that is presentable to the court is very important.<\/p>\n\n\n\n

It Is The Best Course To Retain A Lawyer In A Domestic Violence Case<\/h2>\n\n\n\n

I\u2019ve seen people who should be getting a restraining order, who don\u2019t get it because they have the facts to support their case but they don\u2019t know how to get it prosecuted, and I\u2019ve seen people who should have a restraining order issued against them but don\u2019t because certain evidence is kept out of the case because of the formalities in the court. So, I think it\u2019s very important, considering everything at stake, to retain a abogado penalista de Nueva Jersey<\/a>.<\/p>\n\n\n\n

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Recursos sobre violencia dom\u00e9stica<\/h3>\n\n\n\n

Informaci\u00f3n general<\/h4>\n\n\n\n