When one is involved in a domestic dispute, the common issue that arises is that of a power imbalance or an unequal division of rights. When one party is clearly the victim, then that party is likely to seek the advice of a domestic attorney, who can help them win the case. In any situation where one spouse seeks to abuse the power of the other, such a party will want to seek advice from an attorney who has experience in this area and that also understands the equal division of rights and how that plays into their client's situation. These are just some of the reasons why the domestic assault lawyer minneapolis may be sought.
Examples of instances where a domestic attorney may be sought include a case in which a spouse is accused of domestic violence. Such a situation may arise due to arguments over property ownership or child custody and it will be incumbent upon the attorney to prove the allegations. The proof of the allegations will be important in getting a restraining order taken out against the person that is accused. This order may prevent the accused from coming within a certain distance from their spouse, or from coming within a certain age, both of which are legally set forth.
The equal division of rights requires that there be testimony by more than one witness to establish the allegation. It also requires that there be adequate proof in the form of recordings or videotapes. With regard to the videotape issue, many judges have held that although there may be a privacy concern as to whether or not a person can be seen on the tape, such a concern cannot justify a selective prosecution. In addition, in a domestic violence trial, a judge will often order both sides to produce copies of any recorded conversations.
Often, when there is a conflict over visitation or child custody, it can result in a heated exchange between the two sides. Such an occurrence can easily lead to damaging and inflammatory statements being made by either party to the other and thus require a domestic attorney to be present at the trial court proceedings. Such an attorney would be responsible for evaluating the strength of the claim that one party has against the opposing party. After he has done this, the domestic attorney will be able to decide whether or not the best course of action will be to go forward with the claim, or to withdraw it.
There are some exceptions to the need for a domestic attorney to be present at a trial. In criminal cases involving dangerous weapons or other types of weapons, it is often not necessary to have an attorney present because the law allows one party to simply tell the police officer that he or she had a weapon. This does not mean that the accused person is free to fire off a shot in any situation. However, if the police do arrive at the scene after a firearms transaction, the accused can be prosecuted under a variety of statutes based upon what he or she was carrying at the time. This could include anything from a pocket gun to an assault rifle. This article talks more on domestic assault representationa nd you can check it out here.
No matter what the circumstances are, a trial is a matter of public record. The mere thought that something may be recorded in a manner that may damage someone's reputation is a reason enough for a domestic attorney to be present at the trial. Because these cases deal with the use of private or personal information about individuals, it is crucial that there is equality in the handling of evidence, and that both sides are treated fairly throughout the process. Even if the evidence does not directly relate to a particular person (such as a sex crime), it may still be in the best interest of a domestic attorney to have a presence at trial so that his or her client's right to due process is protected. To get a detailed overview of this topic, see here: https://en.wikipedia.org/wiki/Attorney_at_law.