In a domestic situation and domestic violence, cases often come down to conflicting stories and narrations without any eyewitnesses. In such situation the courts are then tasked to evaluate evidence, its credibility, and corroboration. Since domestic violence cases normally occur behind closed doors without any camera recordings, bystanders or neutral eyewitnesses. In this regard, when a case comes down to word of one person against another, the natural question could be whether someone could just automatically be believed. A short answer to this question is in the negative, that no one can automatically be believed. The courts will have to rely on credibility, corroboration, physical or tangible evidence if present in the case, and consistency of the evidence. All these elements would then prompt the court into finding in favor of one or the other, and not just allegations.
This blog post explains multiple facets of domestic violence cases such as the (i) definition of domestic violence in Alaskan law, (ii) what evidence is critical to the case, (iii) parameters that the judges and juries rely on to assess credibility, and (iv) the situations that provide an overlap between family and criminal law.
- Domestic Violence Under Alaskan Law
Under Alaska law, domestic violence is not just a single crime rather it is a classification of offenses or rather multiple offenses clubbed together and treated as domestic violence. The statutory definition of domestic violence is provided under the AS § 18.66.990(3), which provides that domestic violence or crime involving domestic could mean one or more offenses (offenses under another jurisdiction carrying the same elements) or attempt to commit the offense, by a house hold member against another household member, and commission of the offenses are (i) burglary, (ii) criminal trespass, (iii) arson or criminally negligent burning, (iv) criminal mischief, (v) terrorist threatening, (vi) violation of a protective order, (vii) harassment, (viii) cruelty towards animals, (ix) unlawful contact. The commission of these offenses, when perpetrated against (i) spouses or former spouses, (ii) cohabitants, or former cohabitants, (iii) dating partners, (iv) co-parents, (v) close family members.
This extensive and broad definition of the domestic violence case is the cause for any disputes elevating to domestic violence cases, in situations which otherwise lack any visible why many disputes become “domestic violence cases” even without visible injuries.
- Eyewitnesses Requirement for DV Cases in Alaska
Generally speaking, every case requires evidence to prove or disprove the merit thereof, however such a stringent requirement does not apply to eyewitnesses. Alaskan courts do recognize the fact that domestic violence occurs normally in private settings and bearing a stringent requirement for eyewitnesses would effectively prevent prosecution of many legitimate cases. As a result, the prosecution is permitted even when the only witnesses are the alleged victim and the accused.
However, this does not ensue allegations alone guarantee conviction, but it does establish lack of witnesses does not automatically end a case.
- Decision to Arrest
In response to a domestic violence call, police officers are guided by the Alaskan statutes on the subject matter and departmental policy.
Alaskan law under the AS § 18.65.530 lays down mandatory arrest preferences in some domestic violence situations enabling law enforcement officers to arrest on basis of probable cause that a crime involving domestic violence occurred, with or without an arrest warrant or absent eyewitnesses. The officers should consider (i) statements from both parties, (ii) physical injuries (even minor ones), (iii) damage to property, (iv) emotional state of those involved, (v) consistency of accounts, (vi) prior history between the parties. On the basis of the officer’s assessment of these factors an arrest may be warranted. Perhaps this goes on to show the situation when arrests occur on the basis of a hearsay situation.
- In Absence of Witnesses the Evidence that Matters
In cases without eye witnesses’ corroboration of evidence becomes critical. Courts and juries look at evidence which supports the version of each party to the dispute.
The corroborating evidence that may be relied upon in the determination of domestic violence cases include (i) physical evidence. Such evidence includes presence of injuries on the person of the victim such as (a) bruises, (b) scratches, (c) damages phones, or home furniture, (d) torn clothing. Note that even small details matter and can influence the outcome of the case.
On the contrary other evidences include (ii) photographs or videos (a) photos taken by police at the scene, (b) body-cam footage, (c) phone photos taken shortly after the incident. The timing of the evidence collected is important and the injuries of the photographs which are taken immediately often carry greater corroborative weight.
The third type of evidence that may be collected to establish a case are (iii) statements made close in time to the incident such as (a) 911 calls, (b) statements to officers, (c) statements to medical providers. The courts when assessing the nature of these evidences, amongst other factors consider the spontaneous nature of the statements when they were made or whether these statements were rehearsed.
Another type of pertinent evidence that may be considered to establish a case of domestic violence are (iv) Medical Records. In this lieu (a) emergency room visits, (b) urgent care records, or even (c) primary care notes can corroborate claims of injury or distress, which may prove of high evidential value to any case.
(v) Text Messages or Emails and associated modes of communications could also prove critical in establishing or debunking any case of domestic violence. In this regard messages sent pre or post facto to the occurrence of the incident could establish a trend of (a) threats, (b) apologies or remorse, (c) admission of guilt. These communications in and of themselves become powerful evidence even in the absence of eye witnesses.
- Credibility as the Core Issue
In absence of eye witnesses or witnesses generally the credibility of the evidence becomes the core issue. The court, in order to determine the credibility, is required to evaluate consistency of statements that have been imparted over time along with the demeanor of the witnesses or the parties testifying. Along with the assessment the plausibility of each version that has been presented before the court have to be evaluated and in conducting this evaluation it has the court is required to evaluate whether such details align with the physical evidence that have been presented before the court. The motive of either party to exaggerate or fabricate their version of testimony in the case. Once the determination regarding credibility is made, it is rarely overturned on appeal.
- Requirement for Corroboration of the Victim’s Testimony
In general cases the victim’s testimony is not required to be corroborated. There may specialized crimes under the Alaskan jurisprudence that demand corroboration as a tool for finding conviction, however independent corroboration for finding conviction in domestic violence cases is not a necessity. That being said, lack of corroboration does make scrutiny of credibility more intense and at this stage the physical evidence or other forms of evidence do play a major role in establishing conviction.
- Protective Orders Against Allegations
In civil protective-order hearings, the standard of proof is lower than in criminal court. Protective orders as such may be issued on the basis of (i) testimony, (ii) affidavits, or (iii) sworn statements. The bottom line is that the version presented must be more credible. Entailing therefore that a protective order can be issued even when no criminal charges are filed even in circumstances when the case is entirely based on cross versions.
Orders issued as such can result in restricting contact, affect custody matters associated, or even result in the restriction of firearm possession including a restriction under the federal law.
- Underlying Considerations in Criminal Court and Family Courts and Important Differences
Criminal Courts assess cases on burden of proof which establishes a case beyond reasonable doubt. Whereas the family court proceedings assess the case on the basis of preponderance of evidence, with a focus on the safety of the parties and not focused on punishment. Orders in family proceedings may affect custody, visitation, housing restrictions, and firearms prohibition.
The case may fail on criminal charges, however it could still succeed in civil proceedings. The criminal charges if established would present penalties including jail time, fines, probation etc.
- False or Malicious Allegations
Alaskan courts recognize that false allegations might occur. It is but natural that this could be a common occurrence in circumstances of an emotionally charged situation such as bad breakups, custody disputes, or divorce proceedings. The courts in such circumstances would examine, the timing of the allegations, prior history of the conflict, and how the evidence could contradict the claims. If allegations prove to be false, they may severely damage the accusing party’s credibility and perniciously impact their case even in custody cases.
- Practical Advice
The practical takeaways from the discussion hereinabove without treating it as legal advice could include that when faced with such a situation messages, photos, and communications must be preserved. Contacting with the other party must be avoided if an order to that affect exists, and the court orders must be followed strictly to the last direction. Assistance and expertise of counsel must be obtained before making statements. It should be noted that these cases often turn on patterns and not just on single moments.
Conclusion
In conclusion, a “he said / she said” domestic violence claim does not essentially mean “no case” neither does it mean an “automatic conviction.” Such cases in Alaska would pillar on credibility being central to the dispute and corroboration strengthening claims. Physical and digital evidences are critical to a finding in favor of any party.
Understanding how courts evaluate these cases helps people navigate an emotionally charged and legally complex process and avoid costly mistakes.