Can hearsay be used in domestic violence cases?

Asked about 4 years ago - Phoenix, AZ

If my family, who are known liars and that they hate my husband. Can what they say be used in court against my husband?

Attorney answers (3)

  1. Ronee F Korbin Steiner

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Well if you are talking about a custody or divorce trial the answer is yes and no. The rules of evidence don't allow for hearsay unless it fits into one of the hearsay exceptions. In addition, if you fear they will bring in things that are less reliable you should file a Rule 2B notice at least 45 days prior to the trial. This means that you are alerting the other party and the court that you want the rules of evidence strictly applied. This will make it harder(for both sides) to use evidence that does not conform to the rules. Be careful; it applies to you too.

  2. Howard A Snader

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes, no and maybe. The answers are all based on the rules of evidence. You should consider retaining counsel to assist your husband. Please feel free to give a call.

  3. Ryan Hardy

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You would want to file a Rule 2b motion, that calls for a strict following of the Arizona Rules of Evidence. You have to do this at least 45 days prior to the hearing. See the link to my legal guide below that discusses the Rule.

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