Can hearsay be used in domestic violence cases?

Attorney answers (3)

1. Licensed in AZ

   

   Ronee Steiner

   Scottsdale Divorce / Separation Lawyer

   Contributor Level 14

   1

   Lawyer agrees

   Answered July 07, 2010 06:03. 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.

   • Mark as helpful
   • Flag
2. Licensed in AZ

   

   Howard A Snader

   Phoenix Domestic Violence Lawyer

   Contributor Level 14

   1

   Lawyer agrees

   Answered July 07, 2010 10:51. 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.

   • Law Office of Howard A. Snader

   • Mark as helpful
   • Flag
3. Licensed in AZ

   

   Ryan HardyPro

   Gilbert Family Law Attorney

   Contributor Level 14

   

   EmailVisit website

   1

   Lawyer agrees

   Answered July 07, 2010 17:10. 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.

   • Rule 2

   • Mark as helpful
   • Flag