dear sir/madam
what level of burden of proof lies on wife to prove her allegations? in case she has no witness or evidences for her dowry/DV case , what does court do?
thanks
Hello real demom,
The proof of domestic violence is highly subjective and relatively depends upon the kind of harassment/abuse one is facing although to convict the suspect of domestic violence it can be based upon the word of the victim even if proof is not available.
The law enforcement shall arrest the suspect if there is a probable cause to believe such crime and the burden to prove the same shall lie with the prosecutor who shall persuade the allegations in the court.
As far as I know of, there is no list of evidences as such in particular but statements of the victim, injury marks on the body, neighbors who can testify as witnesses, admission of the suspect, abuse occurred under the influence of drugs or alcohol are to name a few.
However there are no expectations of documentary evidences or recordings of the abuse as no one records/documents their daily domestic affairs but trying to collect evidences shall help.
In my opinion if there are no witnesses or evidences available I suggest to connect with a lawyer and initiate the proceedings.
