We use discovery techniques including interrogatories, requests for admissions, demands for production of documents, and depositions. All of these techniques of discovery are meant to obtain strong evidence from the defense under oath.
Preparing for the victim’s deposition
The victims can be deposed for up to 7 hours. A deposition can be stressful. I spend a lot of time with my client before a deposition, going through every question I can think of that might be asked.
The victim’s medical records
The medical records that are relevant to domestic violence can be obtained by a request for production of documents or through a subpoena. However, there are limits on the scope of documents and information defense counsel can properly ask for in a domestic violence case. Bringing a DV case does not automatically entitle the defense to records that are not directly relevant to your case.
Defense tactics in sexual assault and domestic violence cases
The perpetrator may attempt to do the following:
- Pretend he’s the victim by, among other things, calling the police first.
- File a frivolous lawsuit or a cross complaint against the victim.
- Hide assets to try to prevent collection of damages.
- Delay the litigation, making it an unpleasant endurance contest.
Obviously, we are accustomed to dealing with these tactics.
Learn more about sexual assault victims.
Learn more about domestic violence and violent crimes.