As part of my practice I handle domestic violence cases. I have represented both sides: the alleged victim and the alleged abuser. While I abhor domestic violence, everyone is entitled to their day in court and has a right to zealous representation and and fair process.
In many domestic violence situations there are no witness other than the parties. There may not be physical evidence such as photographs, audio or visual recordings, medical records, or police reports. When this is the case, it is a true “he said, she said” situation and the judge will rely heavily on the credibility determininations she or he may make about the litigants.
Credibility can be conveyed in many ways such demeanor when in the courtroom, the manner in which questions are answered, and body langauge. I work with my clients as we prepare for trial on these qualities. Being truthful is the paramount goal. Being convincing is a close second. Recently, a client was successful in obtaining a final restraining order and obtaining more parenting time than was previously ordered or offered because the judge found them to be credible.
