Working with Battered Women: a Handbook for ... - Hot Peach Pages

C. WILL THE MAN BE ARRESTED IF THE WOMAN COMPLAINS OF ANASSAULT?In urban centres where court hearings occur daily, the man will probably be arrested and heldovernight. Where court is held less frequently it is unlikely that an actual arrest will occurunless the assault is of a very serious nature. It is more usual for the police to serve the manwith documents requiring him to attend court and answer to the charge at a later date. Thelonger the time is between the assault and when it is reported to the police, the less likely thepolice are to arrest the man. Thus, if the neighbors hear fighting and call the police, it is morelikely the man will be arrested than if the woman attends at a doctor's office several days later,and then, after her injuries are treated, reports the assault to the police.D. WHAT HAPPENS IN COURT?The first time the man appears before a Judge on an assault charge he may do one of threethings. He may ask the Judge for an adjournment in order to allow him the opportunity to seea lawyer. He may plead guilty or he may plead not guilty. If he pleads guilty, he may besentenced immediately, or some time later.E. THE TRIALWhen a man enters a not guilty plea the case is adjourned for a trial. This will be 4 to 16weeks away from the first appearance in court. The woman will be given a subpoena to appearin court by the police. A lawyer, referred to as a prosecutor, handles the case against the man.The woman will describe the assault to the court after being sworn to tell the truth. Otherevidence may also be given and a judge will decide the guilt or innocence of the man. Theman's lawyer will have a chance to ask her any questions that are relevant. The man is able totell his side of the story under oath and he will be questioned by the prosecutor. If the womanrefuses to testify, she can be found to be in contempt of court. This is a charge for which shecan be sent to jail.F. OTHER EVIDENCEA woman's courtroom testimony is sufficient to prove an assault. However, since it is possiblethat the accused man will deny the assault and the woman may not be believed, it is useful tohave additional evidence. Thus any medical information that confirms her injury is important.Medical evidence is often the testimony of the doctor or nurse who examined and/or treatedthe woman. This evidence can also be introduced through documents such as notes made oncharts, emergency forms, etc. Medical personnel are usually not required to appear in courtexcept in serious cases. Any statement or admission made by the man may also be introducedinto evidence. Any witness who observed the assault will usually be required to give evidencein court as well.38