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May a police report from a dismissed case be entered as evidence in Family Court?

East Brunswick, NJ |
Filed under: Family law

I was arrested on aggravated assault charges. It was remanded to Municipal Court as Simple Assault where it was dismissed immediately by the Municipal Prosecutor due to the lack of evidence. I am involved in a child custody plenary hearing. May the police report, which is outrageously inaccurate, be entered as evidence in Family Court against my character, even though the case was immediately dismissed?

Attorney Answers 3

Posted

Generally not as the Police Report itself, without the officer who wrote it appearing in court to identify it, is Hearsay and therefore not admissable as evidence.

Unfortuntately, from time to time Family Court Judges may relax the Rules of Evidence when deciding a Motion or otherwise conducting a hearing. Therefore, you must be prepared to strongly argue that the Rules of Evidence prohibit the consideration of the document, or in the alternative that you retain a strong advocate (attorney) to protect you interests.

Kenneth A. White, Esq.
732-819-9100

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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Posted

In addition to Mr. White's advice, I suggest obtaining from the municipal court a certified copy of the final disposition; and then sharing copies of that disposition with the family court. It is my strong recommendation you retain an attorney. Child custody and visitation issues can easily get extremely complex. I seasoned matrimonial (family law) attorney is your best defense.

Disclaimer: For a free consultation contact me directly at 973-519-0196 or adam@LefkowitzLawOffice.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.

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1 comment

Michael P Hrycak Esq.

Michael P Hrycak Esq.

Posted

Although the report could be admitted under the business record exception to hearsay, it would require the police officer's authentication, and testimony. It would still probably be inadmissible except as Mr. White explained if the judge relaxes the rules of evidence standard.

Posted

Police reports are not admissible without the police officer there to testify.

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