Domestic violence can be a heart wrenching experience to victims. If you or someone known to you have to face domestic violence, knowledge of the legal process, what to expect during the trial, and understanding how New Hampshire restraining orders can come to your aid can help manage the situation effectively and also provide peace of mind.
The Process of Going to Trial for Domestic Violence in New Hampshire
Filing for a New Hampshire Restraining Orders against an alleged abuser is the first step in the legal process. The objective of New Hampshire Restraining Orders is to provide immediate protection to the victims. In case the restraining order has to be extended or if the accused denies the allegations, the situation will develop into a formal trail.
Once New Hampshire Restraining Orders are in place, a trial usually follows. This is especially the case if the victim seeks a more permanent order of protection or if criminal charges have been filed. In any such case, the trail initiated will follow the same basic process.
What Happens Before the Trial?
Before the starting of the trial, the prosecution and the defense will go through a process known as “discovery”. In this process, both the parties will be asked to provide evidences to support their stand. Some of these evidences could be statements from witnesses, photographs, medical records, and any other evidence that the parties can provide to support or dispute the allegations. During this stage, it is crucial for the victims to gather strong supporting evidences such as photographs of injuries, messages or threats from the abuser, and any police reports in order to strengthen their case. Further, the victim can also use New Hampshire restraining orders as evidence to the end that the court has already recognized the threat that the alleged abuser has posed.
Possible Outcomes
The courtroom procedures will consist of jury or judge trial, opening statements, witness testimony, victim’s testimony, and closing arguments. Following the trial, the judge will issue a verdict. If the judge is convinced that the defendant is guilty of domestic violence, the defendant will be subjected to criminal penalties like imprisonment, fines, probation, or mandatory counseling. The victim will be issued with a New Hampshire Restraining Order, which is meant to extend the protection for some more time, usually for a year or more depending on the situation.
Some situations might demand that the defendant is acquitted. During such times, the charges will be dropped and restraining order might be dismissed. If this might happen and if the victim feels that the threat still remains, they can exercise their right to seek a civil New Hampshire restraining order.
Take Away
Anyone having to face a trial for a domestic violence case can feel overwhelming. However, the knowledge of the legal processes can make the whole process less daunting. The understanding support of a domestic violence attorney in New Hampshire can provide you professional assistance and peace of mind while you can face the situation confidently.
