How 911 Calls Are Used in DV Cases

During Davis v. Washington and Hammon V. Indiana, the Supreme Court has consistently ruled that 911 calls can be used as evidence. Even if the victim wasn’t planning on filing charges, the recorded call can be used in court.

In California, this is particularly challenging for defendants because it isn’t simply up to the victim to drop charges or not. Most counties have a no-drop policy, so the prosecutor has the sole discretion over whether to pursue the case. Even if the victim isn’t interested in cooperating, the 911 calls, text messages, and other evidence can be used as proof of domestic violence.

Most domestic violence cases get started by a 911 call. This call can be made by the victim, a child, a neighbor, or a random bystander. In the heat of the moment, the individual may over-exaggerate the potential harm or say things they regret. Whether the call is accurate or not, law enforcement agencies in Orange County will treat the call as a high-priority incident. This means that there will likely be an arrest if there is probable cause available at the scene. Even if the victim says they only called to teach the other person a lesson, there is pressure for an arrest to be made.

When you first call 911, the dispatcher gathers important information about why you’re calling, your name, weapons involved, and the address. These calls are recorded and time-stamped, so they can later be used in court. If the victim recants or stops cooperating with prosecutors, the domestic violence 911 call will likely be used in court as evidence. In fact, prosecutors frequently argue that these calls are more accurate because the victim doesn’t have time to consider the consequences of their statement.

How Text Messages Are Used in DV Cases

If there are text messages that threaten harm, they can be used as proof of domestic violence. Texts can corroborate the charges, even if the victim doesn’t want to pursue the case. They can establish intent, prove harassment, and show a pattern of abuse. Additionally, texts count as violations of any protection orders or restraining orders.

What Happens After a Domestic Violence Arrest?

After a domestic violence arrest, your attorney will help you review the domestic violence evidence from your case. For example, they will consider whether the 911 call is considered testimonial or non-testimonial. In essence, the call can only be used as evidence if it reported an ongoing emergency. If it was for reporting a crime, it’d likely be considered hearsay and couldn’t be used.

Your lawyer can help you fight your DV case in several ways.

• Saying the call or text was a false accusation.
• Challenging the admissibility of the call if it would be considered testimonial or hearsay.
• Arguing that you were defending yourself or someone else.
• Showing that the call was made under coercion.
• Challenge that the texts came from you.

Can You Be Charged With Domestic Violence Without Proof?

In order to win the case, the prosecutor needs evidence. They don’t actually need a cooperating victim to file their case. There are many ways to gather the domestic violence evidence needed to convict.

Under California Evidence Code Section 1109, prosecutors can use prior acts of domestic violence as proof, even if they didn’t lead to a conviction. They can also use texts, medical records, 911 calls, and other records. Witness testimony from neighbors, friends, bystanders, relatives, and other people can be used as well.

Prepare Your Domestic Violence Case

Unfortunately, there are many ways that a prosecutor can gather proof of domestic violence. They have all of the resources of the state and county on their side. If there are 911 and texts involved, you need the best domestic violence attorney to help with your case. Get an evaluation of your legal case by giving us a call today.