Skip to main content

Can hearsay be used in domestic violence cases?

Phoenix, AZ |
Filed under: Domestic violence

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

Posted

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

1 lawyer agrees

Posted

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.

Mark as helpful

1 lawyer agrees

Posted

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.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics