Data provided by telephone transcription and transcripts of other such communications and information could help establish defense in a domestic violence case.

1. Telephone Transcription and Other Resources Help DV Defense
Data provided by telephone transcription and transcripts of other such
communications and information could help establish defense in a domestic violence
case.
Telephone transcription, wire tap transcription, and transcripts of other kinds of
communication would be absolutely necessary to build up a strong defense against a
domestic violence charge. Domestic violence (DV) is a serious crime, but also a
charge that can be falsely made. Defending domestic violence charges requires an
in-depth look into the circumstances of the charges made, and transcribing
telephonic conversations could provide the vital clues.
What Constitutes Domestic Violence
A complaint of domestic violence must be related to one or more of acts such as
assault, homicide, kidnapping, false imprisonment, criminal restraint, terrorist
threats, criminal mischief, criminal sexual contact, sexual assault, lewdness,
harassment, stalking, criminal trespass or burglary. A DV charge not based on any of
the above actions could be dismissed. Use of strong or obscene words to refer to the
plaintiff could not be considered to come under domestic violence if it isn’t done
regularly, though striking the plaintiff almost certainly would classify under “assault,”
more so if it is the norm in the relationship.
A domestic violence case may also be dismissed if there is a lack of subject matter
jurisdiction in the case. The plaintiff and defendant in the DV case must come under
any of the categories of individuals who are protected under the PDVA (Prevention of
Domestic Violence Act). The plaintiff or the defendant should either be a spouse, a
former spouse or a household member. The DV victim could also be one who has a
child or will be having one with the defendant. The victim could also be someone in a
dating relationship with the defendant. Both parties should meet any of these
conditions for the DV case to be considered legitimate and valid.
Legal Consequences for the Defendant
Once DV claims are proved, the defendant could be dealt with serious legal
consequences that could include high fines as well as legal fees, eviction, jail or other
criminal penalties, and issues with child custody and alimony. In a domestic violence
case, the hearing usually takes place within 10 days of the filing of the complaint.
The defendant could ask for the hearing date to be continued by the court so as to
have the required time to prepare the defense. Till then, the TRO would be valid.
A TRO (Temporary Restraining Order) is a prohibition delivered to the defendant
keeping him from doing, or having access to, some things. This could even include
prohibition for the defendant to visit his children, for going home if the home is
where the plaintiff also resides, and for contacting the plaintiff. A TRO is normally

2. obtained by the plaintiff by an ex parte proceeding of the court, which is basically a
hearing without the defendant being involved.
Points of Defense in a DV Case
In many cases the defendant’s self-defense could be misinterpreted as an act of
domestic violence. Domestic violence cases provide two kinds of defenses – self-
defense and the ‘de minimis’ infractions. In many of the cases, the defendant’s
defense against bodily harm could have caused the plaintiff to suffer injuries. The
self-defense doctrine states that the defendant using physical force against the
plaintiff could be justified if the defendant believed it was necessary to defend
against unlawful force used by the plaintiff. The ‘de minimis’ defense refers to the act
alleged to be domestic violence constituting nothing more than a minor conduct
which cannot be considered significant enough to be a criminal offence.
It must be noted that in child custody or divorce cases – issues with which domestic
violence is usually associated – altercations could have been provoked by the plaintiff
or domestic violence accusations exaggerated. A 911 call could also be made in the
spur of the moment or the heat of emotion, which could bring about an arrest.
The Vital Conduct Discovery Data
With a DV complaint there isn’t much time for a conduct discovery to be carried out
before the trial. However, defendants are required to be given access to all the
methods of discovery. Conduct discovery, a process involving obtaining documents
and information from both parties as well as third parties, is how the defense can
gather vital evidence of the supposed action, the circumstances surrounding the
action, the physical and mental condition of the parties involved, etc. These could
raise vital points for the defense to hold on to. This is where medical records,
telephone transcription files, verbatim transcripts, photographs, witness list, forms
and written statements by the plaintiff, are all put to use.
An experienced and efficient criminal defense attorney would be able to find the
loopholes in the prosecution’s claim and discover aspects that establish the
innocence of the defendant in a domestic violence case.