Is Video Evidence Enough to Prosecute in a Domestic Violence Case?

Posted on: May 19th, 2022 by Dod Law

Can Video Evidence Be Used in Domestic Violence Cases?

One of the most common incorrect assumptions people sometimes make about domestic violence cases is that video evidence is enough for a slam-dunk guilty verdict. However, this is erroneous because there are many situations where the video evidence is just one small piece of the larger picture. Some accusers know this and use video evidence to suggest that something more egregious is happening than the facts of the case reveal. 

Dod Law has seen this scenario play out many times, and our clients have benefitted from Attorney Dod’s experience in this practice area. With the right California domestic violence attorney, the effects of video evidence can be mitigated by other pieces of evidence supporting an entirely different perspective on the case. 

Can Video Evidence Be Used to Prosecute Those Accused of Domestic Violence?

If a domestic violence incident was captured on video, chances are the prosecutors working the case will attempt to enter it into evidence used against you. While California law does not allow confidential communications to be recorded on audio or video, revisions have been made to enable domestic violence victims to use recordings of their alleged abusers without consent. This means that video evidence may be admissible in court proceedings as evidence. 

Video evidence may also be obtained and used if the incident occurred in a public place where you do not have a reasonable expectation of privacy. The extent to which you can be recorded while in the throes of domestic conflict without your knowledge and consent means that your rights may be unwittingly trampled in a domestic violence case before you realize it’s happening. 

How Can a Domestic Violence Lawyer in California Help?

The prosecution will attempt to use video evidence of domestic violence to prove your guilt. Working with a California domestic violence lawyer means we will try to do the opposite. We will challenge the credibility of the recording and argue against relying upon it as proof of a crime. Dod Law will argue that the video should be inadmissible using criminal defense strategies honed over years of working with domestic violence defendants. 

Our goal is to help you realize the best possible outcome for your case. Often, the use of video evidence runs counter to that notion. Therefore, we will recommend a strategy that mitigates the effects of video evidence so that your case is not railroaded by a video that perhaps only captured one component of the more significant incident or exemplifies a visual that is not indicative of what happened. 

Review Your Case With a Skilled California Domestic Violence Lawyer

The use of video evidence to prosecute someone charged with a domestic violence crime depends on the details of the entire case. It may seem as though video evidence is enough for a win, but this is not always the case. Dod Law has helped many of our clients overcome seemingly insurmountable odds in domestic violence cases where video evidence has shown one damning component of the situation. There are often other factors to consider that can blunt the impact of the video. Attorney Dod has a wealth of experience in this practice area and is well-versed in collecting enough evidence to mitigate video in some instances. He may be able to do the same for you. 

Learn more today by calling us at (619) 814-5110. You can also contact us online to schedule your free consultation.