What Happens When a Defendant Pleads the Fifth in Domestic Violence Trials?

Pleading the Fifth Amendment, or the right to not self-incriminate, is within every defendant’s right during a criminal trial. Domestic violence trials in restraining order cases are considered civil proceedings. Many people are not aware that it is possible to “plead the Fifth” and decline to testify in a civil proceeding. Thus, the right to remain silent and refrain from self-incrimination could play a pivotal role in domestic violence proceedings.

Our family law attorneys can help you evaluate the potential consequences of pleading the Fifth and explain how it can affect a domestic violence case.

What is the 5th Amendment?

The Fifth Amendment protects individuals from self-incrimination and providing testimony that could lead to criminal implications. In court settings, the Fifth can be addressed as pleading the Fifth or choosing to remain silent on a matter.

Although pleading the Fifth is a right, defendants may either choose to remain silent or testify only on specific topics. When testifying, there is a risk of strategic cross-examination and exposure to self-incriminating information. It is crucial to have a skilled domestic violence attorney to make any necessary objections or assertions during testimony to ensure that the Fifth Amendment is properly and wisely exercised.

Impacts of Pleading the Fifth in Domestic Violence Cases

Domestic violence cases tend to yield some of the most emotionally charged allegations that can be made in court. When a defendant chooses to plead the Fifth, it can majorly impact the legal process, the emotional state of the victim, and the storyline of the case.

Effects on the Defendant

When pleading the Fifth is invoked in a domestic violence proceeding, it is most likely a tactical decision by the defendant to protect themselves from equally or more severe consequences in a separate criminal proceedings arising from the incident that led to the restraining order. Refusing to speak on a matter may allow a person to avoid specific questions that may lead to adverse rulings in both cases. Because domestic violence cases tend to involve incidental storylines and testimonial recollection of conflicts, remaining silent can be beneficial for the defendant.

Choosing to remain silent has consequences. In a domestic violence trial, the judge makes the determination as to whether a final restraining order should be entered against the defendant. While the judge is not allowed to infer guilt or culpability from the defendant’s silence after invoking the Fifth Amendment, their perceptions of the defendant’s credibility can be naturally slanted, just like any ordinary person. Additionally, if a defendant declines to testify on certain acts or issues, the plaintiff’s testimony stands unopposed. If the judge finds the plaintiff credible, there will be no testimony from the defendant to try and prove otherwise.

Effects on the Victim

When going through a domestic violence case, it is possible for victims to find some form of closure by hearing the defendant’s perspectives on events. If a defendant decides against speaking, it may leave a victim feeling confused and helpless.

Invoking the Fifth is not just a defendant’s right but also a victim’s right if they feel parts of their storyline may be self-incriminating. Although an uncommon occurrence, if a victim chooses to not testify, it will prevent them from effectively proving their case because the victim’s testimony is often the most important evidence available.

Effects on the Judge’s Role

Because it is a judge’s top priority to ensure a fair trial, their role is crucial to handling cases where a defendant chooses to plead the Fifth Amendment. Judges must emphasize respect for the decision to exercise the right and mitigate any negative and biased opinions that come from doing so.

If a defendant invokes the Fifth, a judge may call for other forms of evidence, such as:

• Police reports
• Medical records
• Abuse history
• Witness Testimonies

Despite the defendant’s silence, the victim’s testimony and other accounts can still form a strong argument in support of a case for a final restraining order

Seek Help from an Attorney for a Domestic Violence Case

Going through a domestic violence case is emotionally tolling enough, but pleading the Fifth can lead to further consequences for both parties involved. While it may provide protection against self-incrimination, it can also misrepresent a storyline. For victims, this can be especially frustrating.

If you are considering filing a domestic violence case, you should contact an experienced attorney who can guide you through the process. At Moskowitz Law Group, we take pride in helping individuals and families protect themselves from abusive relationships. Contact us today to get the legal support you deserve. You are not alone in this battle.