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(Guest)

Dv witness - neighbour

Hi,

DV case is filed by wife. Wife had alleged in DV petition that husband and  in laws had subjected her to torture and mental harassment. There is allegation of physical violence too.

There is no evidence of  physical abuse. No medical report ever.  One of Husband's neighbour is close to wife's family. Husband suspects the neighbour to come forward in favor of wife and claim that they have heard lot of arguments , shoutings, time and again. And this is true as well. There had been instances of arguments and shoutings. But no physical violence took place. Husband voice is high , so it was heard outside. Wife's voice is low. She will do things and instigate husband.

 

1)is neighbour's witness enough to convict husband of domestic violence?

2)how neighbour's evidence can be countered?

3)any relevant judgement in support of husband's case?



 4 Replies


(Guest)

hello any suggestion pls


(Guest)
Originally posted by : Boondock Saint


Hi,

DV case is filed by wife. Wife had alleged in DV petition that husband and  in laws had subjected her to torture and mental harassment. There is allegation of physical violence too.

There is no evidence of  physical abuse. No medical report ever.

 

  One of Husband's neighbour is close to wife's family. Husband suspects the neighbour to come forward in favor of wife and claim that they have heard lot of arguments , shoutings, time and again. And this is true as well. There had been instances of arguments and shoutings.

But no physical violence took place. Husband voice is high , so it was heard outside. Wife's voice is low. She will do things and instigate husband.

 

1)is neighbour's witness enough to convict husband of domestic violence?

2)how neighbour's evidence can be countered?

3)any relevant judgement in support of husband's case?


As there is no medical report whatsoever regarding phyical damage to the party.


Then question of domestic violence does not arise.


Domestic violence arises when there is a police complaint against you with a medical report stating that the party was assaulted.


Arguments happen in each and every house, that cannot be ruled out and treated as domestic violence.


It also depends on how effectively he or she argues in this case.


(Guest)

Hi Helping Hand and Need Justice

Arguments happen in each and every house, that cannot be ruled out and treated as domestic violence.

is this domestic violence as insults, ridicule, humiliation, name calling and insults or ridicule ?

pls help


(Guest)
Originally posted by : Boondock Saint

Hi Helping Hand 
Arguments happen in each and every house, that cannot be ruled out and treated as domestic violence.

pls help

NObody will see you as a saint even if you call yourself one.


provided, how effective is your lawyer in convincing the judge that DV has not happnd.


And more so ever, its in your cross examination where you tell you have not hurt her verbally or physically.


If it were verbal violence, there need to be a long list of allegations from your lovely that you abused her verbally.


and for that she might get neighbor as evidence.


But neighbor should also tell in cross examination that you used such such  words ..


Its not as easy as said and done.


These evidences such as neighbor are equal to zero, provided if they have recording of your shoutings, and a written complaint against you that you are  a public nuisance at a police station, time and again.  Not once but ten to twelve times.


Only then it can be proved that you were abusing your wife.


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