SA Victim of Domestic Violence - Chances of Winning My Case?

[Little red toe]

Hi.

I need some help. I'm really stressing out. My ex started abusing me 2 years ago when I was pregnant. After my daughter was born, he headbutted me, nearly broke my nose.

I called the police and he was instantly arrested and a no contact intervention order was put in place. I regretfully dropped the charges and took him back, but kept a basic intervention order on. In Nov. last year, he breached it by hitting me multiple times across my face with our baby girl in my lap.

I again called the police. He was arrested again for aggravated assault and breaching an intervention order. He is now pleading not guilty 5 months later. He's saying I pushed him, which is a lie.

Police have photo evidence of my swollen face. Now I have to go to trial. Am I likely to win my case? Why on earth would he plead not guilty?

 

[AllForHer]

Your case? I assume you are asking if the prosecution will win their case?

If so, nobody here can predict such an outcome.

The prosecution has the burden of proof, so they have to prove beyond reasonable doubt that your ex committed the crime of which he is accused. If the prosecution can't persuade the jury beyond reasonable dobut, your ex could be acquitted.

He's likely pleaded not guilty because his lawyer has assessed the evidence against him and has told him not to plead guilty.

 

[Little red toe]

Your case? I assume you are asking if the prosecution will win their case?

If so, nobody here can predict such an outcome.

The prosecution has the burden of proof, so they have to prove beyond reasonable doubt that your ex committed the crime of which he is accused. If the prosecution can't persuade the jury beyond reasonable dobut, your ex could be acquitted.

He's likely pleaded not guilty because his lawyer has assessed the evidence against him and has told him not to plead guilty.

I don't see what evidence he could have. He claims I pushed him. A few weeks after, I had a major operation, a hysterectomy. He made no statement about me getting hit. The police have evidence. He has a long criminal history of assault.

I was very ill at the time. Also, my 2 older children witnessed him hitting me. I was given a victim's impact statement form which I filled out and handed in the kids' drawn pictures in it of how the offence made them feel.

 

[AllForHer]

The burden of proof is on the prosecution, so he doesn't need evidence. He just needs to discredit your evidence, at least enough to instil some doubt in the jury.

 

[Little red toe]

Yes, I guess that will be his defense but I highly doubt any judge would be dumb enough to believe him. But you never know...