Family Law And Divorce Attorney Claudia Zucker Discusses The Importance Of Obtaining A Police Report In All Domestic Incidents

As a divorce lawyer in Fairfax County, VA, I've had the unfortunate experience of hearing many stories of spousal abuse and domestic violence. In the more severe cases, criminal charges are often filed against the abusive spouse. However, even when the police show up at your house and no physical violence has occurred, it's still advisable to insist on an incident report.

The Importance of Law Enforcement Documentation for Domestic Incidents

In cases of spousal abuse or domestic battery, law enforcement officers are required to document the incident. However, there are times when police officers respond to domestic disturbances and no physical violence has occurred. Sometimes, a neighbor will hear the noise and phone in an anonymous complaint; other times one of the parties will call 911 to preempt a physical assault. For individuals who may be considering obtaining a protective order, filing for divorce, or anticipating a child custody battle, it is always advisable to ask law enforcement officers to write a report and to ask for the corresponding case number.

What a Police Report Does For You

In Fairfax and other areas, a police report can be a very useful instrument for you and your family law attorney. A police incident report:

• is an official document that shows the exact time, date, and location of the occurrence,
• is prepared by an impartial observer,
• locks the parties into their accounts, so they can't change their story later,
• can be used by family law attorneys in divorce proceedings, child custody and visitation hearings, and
• can be the basis of a protective order against the other party (even when physical violence hasn't occurred)

Obtaining a Copy of a Police Report for Your Civil Proceedings

Regardless of whether you are the victim of a domestic violence or disturbance incident, you were accused of domestic abuse, or you just know that a domestic incident report was authored, it's recommended that your obtain a copy. Police reports are usually available after a few days from the records division of the respective police department. Once you've obtained the police report, review it for errors, and then forward a copy to your attorney. If there are any inaccuracies in the police report, contact the department to find out their process for amending paperwork. You may not be able to dispute what the other party has claimed, but oftentimes a line or two of clarification can discredit a false or incomplete statement from another person.

If you are in the middle of a divorce or child custody dispute, report any incidents of domestic abuse to your family law attorney immediately.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about how to obtain a protective order in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.