What is the burden of proof in a criminal DV case?

In criminal cases the prosecutor must prove guilt beyond a reasonable doubt — the highest standard in the legal system. Civil protective orders use a much lower preponderance-of-the-evidence standard.

What is hearsay and when can it come in?

Hearsay is an out-of-court statement offered to prove the truth of what was said. Exceptions like the excited utterance and present sense impression often allow statements made during or right after a violent incident to be admitted, as in Davis v. Washington and Crawford v. Washington.

Why can my case feel slow?

Investigators sometimes wait to build a stronger felony-level case, coordinate safe relocation, or gather forensic and medical evidence before filing. Delay does not mean your case is not being taken seriously.

Legal

Understanding the legal process

Q: What is speedy trial?

The Sixth Amendment guarantees the right to a speedy trial. The federal Speedy Trial Act generally requires trial to begin within 70 days of indictment or first court appearance; state timelines vary, typically 60–90 days for misdemeanors and 90–180 days for felonies.

DV cases are uniquely complex — intimate relationships, ongoing trauma, and victims who may be afraid to participate. These pages explain the core legal pieces in plain language.

Your case roadmap

Step 1

Police

Respond to the scene, collect evidence, establish probable cause, and (where the law requires) make a mandatory arrest. Police cannot release a suspect once in custody.

Step 2

Records

Filing reports, disseminating them to the right agencies, applying redactions, and managing protective orders.

Step 3

DA's Office

Reviews the case, files (or declines) charges, negotiates pleas, and prepares for trial. If charges aren't filed, the suspect is released.

Step 4

Court system

Issues protective orders (emergency, temporary, permanent), holds criminal hearings, sets bonds and release conditions, and imposes sentences.

Speedy trial

Guaranteed under the Sixth Amendment — protects you from indefinite waits and helps preserve evidence and witnesses.

Federal law (the Speedy Trial Act of 1974) generally requires trial to begin within 70 days of indictment or first court appearance. State timelines vary — typically 60–90 days for misdemeanors and 90–180 days for felonies, often shorter when the defendant is in custody.

Burdens of proof

Three legal standards — different levels of certainty allow different actions.

From Terry v. Ohio (1968). Specific, articulable facts that suggest criminal activity. Allows a brief stop, questioning, or pat-down for weapons.

It does not allow arrest, a search of your phone or home, or holding you indefinitely.

Evidence

Statements made by a witness under oath — in court or in prior recorded testimony.
Examples: eyewitness accounts, victim testimony, police observations.
Subject to hearsay rules and to cross-examination under the Sixth Amendment.

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of what was said. It's usually not allowed — but the exceptions matter enormously in DV cases.

Many victims later recant, refuse to testify, or disappear due to fear, trauma, or coercion. Hearsay exceptions can allow the case to move forward using statements the victim already made — without forcing them to relive it on the stand.

Fourth Amendment (search & seizure)

Protects you from unreasonable searches. Officers usually need a warrant — but DV calls trigger important exceptions.

If officers hear fighting, screaming, or believe someone is in danger, they can enter without a warrant under the exigent circumstances doctrine.

Sixth Amendment (your rights at trial)

A speedy and public trial, an impartial jury, the right to be informed of the charges, the right to confront witnesses, the right to call witnesses, and the right to counsel.

Why your case can feel slow — what's actually happening

Long silences from law enforcement can feel like nothing is being done. Often the opposite is true. Here are three common reasons charges or arrests are intentionally delayed — and how each one is meant to protect you.

Waiting for stronger evidence to file felony charges

What it can look like

"Why hasn't the suspect been arrested? I already gave a statement."

What's really happening

Officers may be waiting for medical records, forensic photos, or phone data to elevate charges from a misdemeanor to a felony — for example, when there is serious injury, strangulation, or prior DV convictions. Filing too early with thin evidence can mean weaker charges, dismissal, or a plea that doesn't reflect the severity.

Why it helps you

Leads to more appropriate, lasting consequences for the offender.
Keeps the offender in custody longer with higher bond conditions.

Waiting until you can be safely relocated or supported

What it can look like

"Why hasn't law enforcement arrested the abuser if I'm in danger?"

What's really happening

Detectives may briefly delay an arrest while advocates and shelters set up a safety plan. Arresting a violent partner without protecting the victim first can lead to retaliation the moment they post bond.

Why it helps you

Reduces the chance of immediate retaliation.
Gives time to put protective orders and supports in place before the offender knows they are under investigation.

Waiting for forensic or digital evidence so the case isn't on you alone

What it can look like

"Why are police sitting on this? I called 911 weeks ago."

What's really happening

Officers may be pursuing texts, call logs, security footage, DNA, or injury documentation to build a case that doesn't depend solely on your testimony — especially helpful if you're afraid, exhausted, or have since recanted.

Why it helps you

Reduces the pressure on you to testify.
Lets prosecutors continue even if you later choose not to cooperate.
Helps avoid dismissal due to constitutional issues like hearsay or the Confrontation Clause.