Domestic violence can be complicated, personal, upsetting, and divisive. During a domestic violence case, witnesses can provide important evidence. There are often witnesses to certain instances of abuse, as well as those who may not have seen abuse but act as character witnesses for the accused. In either case, it is important to ask yourself, “What questions should I ask a witness in a domestic violence case?”
Whether you are a victim of domestic abuse, a victim of a domestic abuse accusation, or a witness who wishes to speak to somebody, Huntington Beach domestic violence attorneys can help you figure out what to do next. They can help victims seek restraining orders to protect themselves and their families. They can also help fight back against allegations of domestic violence that may arise in a divorce or child custody case.
Questions to Ask a Witness of Domestic Violence
When speaking to a witness in a domestic violence case, it is important to ask questions that will start to shape a narrative and encourage the witness to open up about what they have seen and what they know:
- Establish a Relationship: You may want to begin by asking questions that establish the witness’s relationship with the family dealing with the domestic violence situation at hand.
- How are you related to the victim or the victim’s family?
- How long have you known the victim or the victim’s family?
- How would you describe your relationship with the victim?
- Establish a Timeline of Events: Once you have established the witness’s relationship to the victim, you may want to better understand the timeline of events leading up to what the witness saw.
- Can you describe the events that took place on the day of the incident?
- Were there any other witnesses present at the incident?
- Was law enforcement called to the scene?
- If law enforcement was called, what was happening when they arrived?
- What actions did law enforcement take?
- Establish Credibility: If the witness is not credible, their testimony won’t be worth much. You may want to ask questions to help establish their credibility.
- Is there any reason the victim might make false accusations against you?
- Can you provide evidence that your version of the events is true?
- Can you provide evidence that any claims made against you are false?
- Assess the Evidence: After discussing the incident and the details surrounding it, you may want to ask questions about any injuries or property damage that took place and whether or not the witness has evidence of that.
- Did the victim sustain any injuries during the incident?
- If so, are those injuries documented with photographs or medical reports?
- Was there a weapon involved in the incident?
- Did anybody sustain any injuries from said weapon?
- Prior Incidents: If this is not the first incident, it may be wise to revisit the past and discuss a history of domestic violence that the witness may know something about.
- Are you aware of any prior incidents of domestic violence before the one in question?
- Are there any police or medical reports documenting those incidents?
- Did you or the victim seek medical attention or therapy for those prior incidents?
- Children: Domestic violence can have a devastating impact on children who are present or involved. If there were any children involved in the incident, you may want to ask the witness how they were affected.
- Were there children involved in the incident?
- Where are the children staying now?
- How has this incident affected the children?
FAQs
Q: What Are Good Questions to Ask Witnesses of Domestic Violence?
A: Any good questions for witnesses of domestic violence will focus on the incident at hand while also establishing a relationship between the witness and the key players involved in the incident. You don’t want to ask any leading questions, such as, “You saw the abuse, didn’t you?” Instead, give the witness the opportunity to tell you the information themselves without adding your own input to the facts.
Q: What Questions Are Asked in a Direct Examination of a Witness?
A: In a direct examination, an attorney asks a witness questions intended to bring out the facts of the case at hand. These questions can begin innocuously, such as “Would you please tell the court a bit about yourself?” and “How are you connected to the case?” Then, the attorney could move on to questions that open the opportunity for the witness to tell their version of events, such as “Would you please tell the court what occurred on the date in question?”
Q: What Type of Questions Cannot Be Asked of the Witness?
A: Generally speaking, it is considered wrong to ask a witness leading questions. Leading questions already contain the information that the attorney wants to bring up and do not allow the witness to naturally explain things. An example of a leading question would be, “That dog is brown, is it not?” instead of simply asking, “What color is the dog?” Leading questions suggest the answer that the attorney wants to hear and simply require “yes” or “no” answers.
Q: What Should a Domestic Violence Witness Not Do?
A: A witness should not do anything that could damage their credibility and the credibility of the case they are involved in. Sometimes, a witness can be the deciding factor between someone being convicted of a crime or not. A witness shouldn’t stumble on their words, lie to the court, appear arrogant or smug, or have a sense of entitlement. A good witness should be confident and straightforward about what they are being asked so that the jury believes their account.
Reach Out to a Domestic Violence Lawyer Today
It can be overwhelmingly lonely and confusing to deal with domestic violence on your own. Whether you are the victim of abuse or the victim of accusations, the result is a complicated situation. At the Law Offices of Lisa R. McCall, we can help you build your case and work to ensure things are resolved. Contact us to schedule a consultation as soon as you can.
