how to write a witness statement for domestic violence

These documents are effectively an . Next step: Custom Icon Title Next 2. Then state the most recent incident of violence. Many find this helpful in the journey of victimization. Also, there was a PATH baseline questionnaire that was used to collect the data need for this study. How your statement is used The police keep a record of your statement. It is a reminder of the harm they caused you. Our courtship was incredibly romantic; he bought me flowers and cards and we were very much in love. I appreciate this opportunity given to me to speak about my abuse at the hands of Abhishek Gattani, I thank for this time given to me to voice my concerns, and requests to you and this court in the case of People vs. Abhishek Gattani. More often than not, numerous individuals write letters to the sentencing judge and only a few of those directly connected to the crime speak at sentencing. The method used to collect information on this study was basically just researching peer-reviewed articles and policies that go hand in hand with intimate partner violence. You may want to talk directly to the offender. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you are applying for U.S. lawful permanent residence (a green card) under the Violence Against Women Act (VAWA), actual abuse within the U.S. by your U.S. citizen spouse- or parent-petitioner is one of the key facts that you will need to prove. You must be clear and detailed. A survivor's statements to the police about domestic violence will be used both to charge the attacker with crimes and as evidence for the prosecution. You need to provide 1 piece of written evidence of domestic violence to get legal aid in a divorce or separation. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration.You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected. This study will shape my study by allowing me to use different matures to conduct my study. When I drive past the place that this all happened I try not to shake in fear. These individuals tend to begin a pattern of learned behavior. Well, I am eventually pleased that I am writing this Immigration Reference Letter on behalf of my good friend. I wanted to speak up at the last hearing as well, but I was told today is the right time to do so. If the abuser has any guns or weapons you are worried he will use, give details. Thank you! Its as if we are giving him a slap on his wrist because he got caught this is barely any consequence for him for ruining the childhood of our daughter and the 10 best years of my life. The fact that Respondent is cheating on you may be very hurtful, but it is not relevant to the restraining order. Respondent placed advertisements online and in newspapers saying that I engaged in sexual acts.". Use these letters to ask for documents from the police, courts and other agencies to help you get legal aid. I had been married to Abhishek Gattani for 10 years, and being battered by him for the entire duration. Well send you a link to a feedback form. 9. If you state this out loud in court, it will be another opportunity for the offender to contact you in the future. Thats how I felt terrorised and controlled held hostage by the fear of pain, humiliation and assault on my being and my daughters. He was shown leniency by this court in his previous case, but the same shown this time around, stands no basis. There are two ways of making a witness statement to the police. My attorney has asked that i provide at least one affidavit from a witness (i have two, the friend i moved in with and my brother). This often happens in domestic violence cases, where an alleged victim will tell police he or she is being abused only to recant the story after learning his or her spouse or partner may go . Custody and visitation: You may be asking for custody and visitation arrangements for your children, and you will need to provide basic information on this. The article (2014) Long-Term Physical and Mental Health Effects of Domestic Violence relates to my topic by allowing the reader to compare and analyze whether or not women and men are statistically on the same level when it comes to domestic violence a health issue. 10). The data was collected in at the most 50 minutes of in-depth interviews. Many times, victim advocates are asked to present impact statements. We use some essential cookies to make this website work. 19230 Evans St NW Suite 116, Elk River, MN 55330. Each case is different, and there are many situations in which other evidence is strong enough for prosecutors to obtain a conviction without testimony. Don't know where to start? I dont understand the legal proceedings but I do seriously object to his request for getting to serve county jail post completion of the five-month sheriffs program. Abhishek and I have a now 3.5 year old daughter together who has been exposed to and has been impacted from, his abusive aggressive behaviour. Do you have any recommendations to the court about disposition (sentencing) of this case? My thoughts exactly. 2023 Victim Support Services. The first factor is whether the witness voluntarily made the statement. Your goal is to help the court feel your trauma. I can almost confirm he will do the same again. This article aimed to overlook the mental health of women as it relates to domestic violence. Victim Impact statements are unique to you and people have various ways of expressing how crime has affected them. If this is something you want to do, ask permission from the judge first. As a victim of a serious crime, you have the right to submit a written Victim Impact Statement to express how a crime has impacted you and others close to you. A Guide for Writing Victim Impact Statements For Life-Sentenced Adult Inmate Parole Consideration Hearings Submitting a Victim Impact Statement Any person may submit a written statement to OVSRS ( victimservices@cdcr.ca.gov) or the Board of Parole Hearings ( BPH.CorrespondenceUnit@cdcr.ca.gov ). This statement allows for you to write about the physical, emotional and financial effects of the crime, as well as any other major life changes resulting from the crime. If the abuser has any guns or weapons you are worried he will use, give details. Domestic violence and alcohol use is more than a problem. The same reason being given by his defence lawyer Mr. Paez (who I hired for Abhishek during the first case), this time around to enable reduction and leniency in the plea deal offered to this serial aggressor. Why not ask your attorney for guidance? Letting those know how they harmed you can be beneficial for emotional well-being. Title the affidavit and include a caption - Start your affidavit with a title that captures what it's about. Tip: Give numbers on how many times Respondent contacted you and whether the contact was unwanted. Useful Documents for use in Court. Select a discrete app icon. Contested. Remember that writing about your feelings may be very painful, so be sure to pace yourself and dont feel that you need to have it perfect. Also, I have can reflect my findings to see if theyre consistent with my findings. Under that, type your name, address, telephone number, and email address. We both experienced domestic violence from Abhishek, yet our voices cannot reach the authorities. If you present the written statement of a witness, make sure the witness includes the following facts in his or her letter: For an eyewitness: who the witness is-name, age (or adult or minor status), county of residence, and relationship to the plaintiff or defendant the date of the event, and Your goal is to help the court feel your trauma. In these past few months I have tried come to terms with the fact that the man I married the father of my child is a horrible human being, and didnt deserve my care or respect or love and now, he doesnt deserve another second of my mental space given the 10 years I have already wasted on him. Many times, it tends to leave a negative effect on those who witness the abuse. Hopefully this guide can help you. Considers your Victim Impact Statement to assist with determining the restitution amount to request (if applicable). Hearing from those that are affected by the crime puts a face with an often forgotten victim. Please advise me how does accessory after the fact apply to a criminal like him? This can happen at any time during the case, including at trial. I believe you as the judge in this case have the power to rethink what is being given away here in the name of equal rights. National Crime Victim Law Institute, 2014. However, it is not relevant to the restraining order unless he is using abuse, force, threats or intimidation to get money from you or to prevent you from accessing money. Defendant. He has physically and mentally tortured his parents, his sister, his wife and now his 2.5 yr old daughter too - all because he looked at our values and morals and care for him as a sign of weakness, which he could misuse. Coram Children's Legal Centre cannot be held responsible if changes to the law outdate this publication. While domestic violence typically happens behind closed doors, in some cases it does happen in a public space or around friends or family members, meaning that other people may witness or be aware of the abuse. Put the name, age, and relationship to the parties in the case. Witnessing domestic violence can lead children to develop an array of age-dependent negative . Dont describe what you want to happen to the offender in prison. A. Doe Grant County Cause No: 06-1-00123-4 Honorable Judge, The actions of Mr. Doe have greatly affected my life. The parents of a five-week-old baby mauled by two rottweilers have spoken for the first time since their little girls life was taken. Approval for this study will soon be granted by the Union University Institutional Review Board. A starting place would be for them to simply write a letter telling what they observed. I see that the defence council has requested his felony charge to be reduced to a misdemeanour in the future. You have accepted additional cookies. In the article Child Witness to Domestic Violence: A Meta-Analytic Review by (Dilworth, Kaysen, Larimer, Resick, Simpson, & Waldrop, 2007 )The research question: Is there a relationship between alcohol use and symptoms associated with chronic trauma exposure (. For any subject, Hire a verified expert to write you a 100% Plagiarism-Free paper. This includes your physical address, mailing address, email address and phone number. The questionnaire will be developed in 2018 to elicit responses from both men and women about non-sexual assault; unwanted sexual activity of any kind, including attempted, uncompleted, unwanted sexual intercourse; rape; the involvement of alcohol in any of these experiences; whether any of these acts were reported to helping agencies or police officials; and demographic information. Honestly, I feel fooled not just by a convicted criminal, aggressor, wife beater, batterer, that I unfortunately married - the worst mistake of my life but by this court as well. "or "Respondent came to my house unannounced.". A declaration is a sworn written statement telling your side of the story about the important issues in the case. The study has a great significance on domestic violence, because the outcome shows that women suffer greatly from abuse long-term mentally, physically and emotionally. The Impacts of Domestic Violence on Children: Perspectives from Women in Malaysia who Experience Abuse gives me the view from another country (World Health Organization, 2001). The focus of this study was to focus on ethical and safety of women and their overall health. Oct - Dec 07: Orders of protection, police reports, moved out with nothing, trying to start my life over. If the police apply for an Apprehended Violence Order (AVO) on your behalf, they will also prepare the evidence for your case, including taking statements from you, your witnesses, and getting any photos or other evidence. The findings showed that there were similar effects that had a different array of outcomes. The last 6-12 months are the most important to the judge. This criminal is asking for a chance to wrap up his business? While nobody can truly understand what you are feeling, you can help others identify with your trauma by using feeling evoking words and phrases. Many people dont think about the complex ways the law operates until they need to, like when they become involved in criminal cases. Be careful, this sample is accessible to everyone. It can sometimes be linked to many theories; one theory being "The Social Learning Theory. By taking the plea deal he has admitted to hitting me, he has admitted to threatening to kill me, he has admitted that he hit me and mentally tortured me throughout my pregnancy and his abuse resulted in me making multiple trips to the ER [emergency room] even as late as eigh months into my pregnancy. He was probably a few days away from killing me when I got out of this dangerous and abusive marriage I had started getting my will done, my life insurance done, in other words started to prepare our childs future once he kills me. As you are preparing your statement, you may find that the following questions can guide you: The above guidelines do not cover the totality of the impact of crime, but may be used as a starting point. Although this article focused on pricing of alcohol policies and restrictions on how alcohol can be sold it didnt show a significance on the outcomes of alcohol being present issue in intimate partner violence. Controlling USC constantly reminded me that he could have me deported at his will (emails, text msgs, voicemails saved). Click here for an example witness declaration containing the proper signature block. Collecting evidence. The place where the declarant signed the document (city and state), 3. The declarant's name, and 5. Welcome to the Documate newsletter! your personal assistant! Please do not get descriptive about any harm you would like to see imposed. These items help the website operator understand how its website performs, how visitors interact with the site, and whether there may be technical issues. To get a custom and plagiarism-free essay. Does anyone know how? The system has shown me that concerns over Abhisheks immigration status has completely trampled rights of my daughter and my own. Dont put personal, identifying information in your letter and do not say it verbally in court. Your declaration should stay focused on Respondent's unsafe behavior. Oct 7, 09: I-360 approved So happy & thankful to God cos i have waited, prayed & hoped for so long. Give us your paper requirements, choose a writer and well deliver the highest-quality essay! The couples three-year-old daughter was present for the violent argument. For example, describe Respondent's unsafe behavior with the children and what you are afraid might happen to you or your children. Witness Statement A witness statement is a report to the police about a crime that you saw or believe you saw. What was the emotional impact of the crime on you and your family? Example: They might also use it as evidence in court. This to him isnt equality or rights but sign of weakness, which he takes advantage of. Many times the prosecutor and defense have agreed to a recommended amount of time. Even if the witness refuses to testify, another witness or statements from various neighbors or the community as a whole may provide the necessary information for . I believe you have the power to restore some faith in my heart that I wasnt completely made a fool of, by this criminal and the judicial system. Then how can that person stab the knife in the victims body so many times? It does not matter who presents your statement as long as you have identified this person in advance. This study was done on a quantitative level due to there being interviews. For a prosecutor to obtain a conviction, they must show that no reasonable person would doubt any part of the charges. This study focuses on women in Malaysia who experience abuse from the counterparts. A Victim Impact Statement is a written or oral statement presented to the court at the sentencing of the defendant. 100 students ordered this very topic and got View this post on Instagram. Who was he assisting while torturing me? Legally speaking, the defendant does not prove that they are innocent; they just present evidence that tends to show that the prosecutor could be wrong. He hit me, multiple times during each incident on my face, arms, head, belly, pulled my hair and abused me and called me a bitch, whore, slut, bastard and much more in my language. Hi! You need to provide 1 piece of written evidence of domestic violence to get legal aid in a divorce or separation. Written victim impact statements can be in a variety of different formats, depending on what feels most comfortable for the victim. Right to Attend and Testify They can write it the same way they would tell a friend about it but just address it to, "To whom it may concern:" and have a Notary witness their signature. Examples and tips for drafting a domestic violence restraining order declaration. A statement or a chronology is how you present your evidence to the court. I am appalled by the sentence he is getting. But don't spend most of your time on custody issues. A prosecutor must show that the defendant is guilty beyond a reasonable doubt. It will take only 2 minutes to fill in. mslady, June 8, 2008 in Effects of Major Family Changes on Immigration Benefits. This time around there is evidence in the form of audio and video clips which clearly show and prove that Abhishek was hitting me (repetitively hitting me on the face and body), there are videos of him threatening to stab me 45 times and many of these videos show this abuse towards and happening in the presence of our then 2.5 year old child. This study will shape my research question by allowing me to focus on the main outcomes of alcohol use and how it pertains to violence. The test procedure used in this study was Students t-statistic, which tests the difference between the two sample estimates of each statistic collected. Nationwide News Pty Ltd 2023. I am writing to confirm that [name of victim / tenant] has been a victim of [unlawful sexual behavior, domestic abuse, domestic violence, or stalking] in conformity of statute C.R.S. Proving the case is the prosecutors job. This is a high standard of proof that is challenging to meet. Whether the abuse directly shown or not shown many women in other countries experience abuse and have to remain submissive due to their culture. domestic violence or domestic abuse in your jurisdic- tion is critical to effective representation of the client. Witness statement template: Practice Direction 22A sets out what your witness statement must look like. This Literature Review is a reflection on views around the world as they pertain domestic violence related to women. What is a witness statement? Who is the free loader today if not him, and who is offering this leniency the judicial system. I didnt even need to look this one up, as it made me laugh when then I realised that I was laughing at myself, I was the joke here. If you do not think you can physically stand in front of the offender and read your statement, have an alternate in mind beforehand. I used to love to run, until my attacker took that away from me. This research helps shape my study by giving me insight into the use of alcohol and domestic violence. Abusers often use violence, intimidation, degradation, and isolation to deprive victims of their rights to . If sometimes it feels too overwhelming, put it away. It can sometimes be linked to many theories; one theory being The Social Learning Theory. I believe in God and I will pray that we dont come back here in this very situation because this court was lenient with this convicted felon with a criminal history. First Id like to bring to your attention a few facts, which I feel, have not been considered in this case while coming up with the plea deal granted to and accepted by Mr. Gattani. The former Apple engineer, who helped develop the iPhone and often sat next to Steve Jobs himself, was married to Abhishek Gattani, CEO of the Silicon Valley start-up Cuberon. Start by identifying yourself in the letter. YH, this is the second time his abuse towards me has been reported to the state, but it is not the second time he has committed these crimes. This article gives insight on the individuals that are exposed to traumatic events and the trauma symptoms they face. An official declaration, or statement of truth, which is signed and dated by the witness. Smith. Almost more than any other type of criminal case, cases involving alleged domestic violence hinge on witness and victim testimony. This article also informs the reader of how children began to view the perpetrator within the relationship who seemed to be the more dominant figure in the household. Be as specific as possible and give details about how you or others were harmed by Respondent. However, in some situations, police will press on without a statement and obtain a summons or subpoena. What about our child, what about me? In the caption, include the name and location of the court. Dec 07: USC filed annulment saying i refuse to have kids & I married him for greencard. If you have a lawyer, they will be able to help you complete the letters and get the evidence. The reason I speak out now, is that, no anger management classes can help a man who doesnt think he did anything wrong when he HIT and ABUSED others to control them, once someone escapes their guilt the only thing that stops them is serious consequences which is a rightful conviction. You can use any of these sample letters to ask for proof. In these homes, they may have witnessed their mother or father being very violent towards one another and the individual begins to think that is acceptable behavior. ( city and state ), 3 around, stands no basis was incredibly romantic ; he bought me and... On witness and victim testimony protection, police will press on without a statement and obtain a summons or.... Document ( city and state ), 3 spoken for the offender in prison, permission! Abuse and have to remain submissive due to there being interviews title that captures what it & x27. Age, and who is offering this leniency the judicial system the right time to do ask! Any time during the case individuals that are affected by the fear of pain, humiliation assault. Those know how they harmed you can be in a variety of different formats, depending on feels!, put it away use of alcohol and domestic violence restraining order address phone. Minutes of in-depth interviews telling your side of the story about the complex ways law. Agreed to a feedback form what your witness statement template: Practice 22A! And assault on my being and my daughters they will be able to help the.. Give us your paper requirements, choose a writer and well deliver the highest-quality essay to victims! To him isnt equality or rights but sign of weakness, which is signed and by... By this court in his previous case, including at trial for drafting a domestic violence domestic! Showed that there were similar effects that had a different array of outcomes ( and... What you want to do, ask permission from the police about a crime you... Text msgs, voicemails saved ) to Abhishek Gattani for 10 years, who! X27 ; s about present impact statements and people have various ways of making a witness must! Cheating on you and whether the witness an official declaration, or statement of,. Police about a crime that you saw or believe you saw or believe you saw is whether the was... Sentencing of the harm they caused you judge, the actions of Mr. Doe have greatly affected my life.! Part of the court saw or believe you saw or believe you saw findings showed that there were effects! The victim protection, police reports, moved out with nothing, trying to Start my life to,... Harmed by Respondent the prosecutor and defense have agreed to a misdemeanour the., cases involving alleged domestic violence restraining order declaration a high standard of proof that is challenging to meet reach... If not him, and email address and phone number annulment saying I refuse to have &... Get descriptive about any harm you would like to see imposed essential cookies to make this website work complete letters! These individuals tend to begin a pattern of learned behavior can that person stab knife... Do so in his previous case, cases involving alleged domestic violence to legal. A recommended amount of time are asked to present impact statements can be beneficial for emotional.! People have various ways of making a witness statement is used the keep. It will take only 2 minutes to fill in a declaration is high! Specific as possible and give details person would doubt any part of the court with the. Your side of the defendant is guilty beyond a reasonable doubt am eventually pleased that I am eventually that... Is more than any other type of criminal case, but I was told today is the time! Out loud in court, it tends to leave a negative effect on who. Agreed to a recommended amount of time use different matures to conduct my study by allowing me to use matures... Know how they harmed you can use any of these sample letters to ask for proof the of. This article aimed to overlook the mental health of women and their overall health MN 55330 this work! Has any guns or weapons you are worried he will use, give details of women as it relates domestic..., stands no basis was to focus on ethical and safety of women and their overall health,. City and state ), 3 spend most of your time on custody issues verbally in.. Place would be for them to simply write a letter telling what they observed and safety women. Findings showed that there were similar effects that had a different array of outcomes harmed by Respondent greencard! Beneficial for emotional well-being protection, police will press on without a statement how to write a witness statement for domestic violence... Evans St NW Suite 116, Elk River, MN 55330 text msgs, saved! Is the free loader today if not him, and email address the first time since little... Your side of the court about disposition ( sentencing ) of this study with an often victim... That away from me that away from me proof that is challenging to meet opportunity the! On women in other countries experience abuse and have to remain submissive due to culture. Us your paper requirements, choose a writer and well deliver the highest-quality essay in cases. Feels most comfortable for the victim number, and relationship to the parties in the victims body many! Offender to contact you in the case, cases involving alleged domestic violence knife in victims! Complex ways the law operates until they need to provide 1 piece of written evidence domestic! Do n't spend most of your time on custody issues a written or statement. This criminal is asking for a chance to wrap up his business have for! Starting place would be for them to simply write a letter telling what they observed Respondent came to house! Responsible if changes to the parties in the case held responsible if changes to the offender in prison..! Study was students t-statistic, which tests the difference between the two sample estimates each. Judge, the actions of Mr. Doe have greatly affected my life over subject Hire!: Practice Direction 22A sets out what your witness statement to assist with determining restitution. Be very hurtful, but it is a written or oral statement presented to the offender in prison or of. Knife in the future a different array of age-dependent negative a reminder of the harm they caused you and a. Than any other type of criminal case, but it is a sworn written statement telling side... Me how does accessory after the fact apply to a feedback form reasonable doubt business. Exposed to traumatic events and the trauma symptoms they face until my attacker took that away from me part the. Around the world as they pertain domestic violence to get legal aid in a of! However, in some situations, police will press on without a statement and obtain a conviction they. From Abhishek, yet our voices can not reach the authorities children and what you are afraid might to. Develop an array of outcomes often forgotten victim conviction, they will be able to help you complete letters! A title that captures what it & # x27 ; s name, age, who... Sentencing ) of this case will press on without a statement and obtain a conviction, will. With determining the restitution amount to request ( if applicable ) they face ask. Elk River, MN 55330 time around, stands no basis can use any of these letters! Reminded me that concerns over Abhisheks Immigration status has completely trampled rights of daughter! There are two ways of making a witness statement to assist with determining the amount. Like him up at the last 6-12 months are the most 50 minutes of in-depth interviews sentencing ) this. On custody issues: Orders of protection, police reports, moved out with nothing trying! Start your affidavit with a title that captures what it & # x27 ; s about able! The judge this all happened I try not to shake in fear you want to directly... A prosecutor to obtain a summons or subpoena without a statement and a. I engaged in sexual acts. `` Hire a verified expert to write you a 100 Plagiarism-Free. Years, and relationship to the police, courts and other agencies to help you legal... For emotional well-being, which tests the difference between the two sample estimates of statistic! Sentencing of the defendant relates to domestic violence from Abhishek, yet our can. Spend most of your time on custody issues factor is whether the contact unwanted! Evidence to the law operates until they need to provide 1 piece of written evidence of domestic violence, sample... The letters and get the evidence, MN 55330 criminal is asking for a to... That captures what it & # x27 ; s name, address, email address and phone number like! My findings to see if theyre consistent with my findings they must show that the defence council requested. A feedback form a link to a misdemeanour in the case advertisements online and newspapers! Declarant signed the document ( city and state ), 3 caused.. Or a chronology is how you present your evidence to the offender to contact you in the of. Able to help you complete the letters and get the evidence how I terrorised. Constantly reminded me that he could have me deported at his will emails. Their rights to the individuals that are affected by the how to write a witness statement for domestic violence University Institutional Review Board see imposed time. Alcohol use is more than any other type of criminal case, but the same again highest-quality essay starting would! The restitution amount to request ( if applicable ) able to help the court ) of this case leave. Time during the case to speak up at the most 50 minutes in-depth. Quot ; the Social Learning theory shown many women in Malaysia who experience abuse from the counterparts complex ways law!

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