Violation of a Stalking Restraining Order

Asked 12 months ago - 33407

I have a final judgement on a restraining order and the person violated using a third party. Will it be required to show more than the police reports and the written testimony of my daughter who was contacted via a third party by the person listed in the restraining order. I really don't know if i can use my daughter written testimony being that she is only 11 years old. By the way its a whole lot of police reports (i.e., 3x a week law enforcement is taking a report on something since April of this year). Thanks for your help

Attorney answers (5)

  1. Joseph Gufford III

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Police reports and affidavits won't cut it for you. Police reports and affidavits are hearsay. Many people believe that police reports and notarized affidavits are admissible into evidence. They are not. You need actual live witnesses and testimony to win your case.

    This response is to an unknown person and is for general information purposes only. Under the terms of AVVO... more
  2. William Charles Rosenfelt

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleague regarding how hearsay would seem to be problematic with your matter. However, I'm not sure what it is that you are describing----he's trying to contact you through third parties including your daughter? Is he allowed to see your daughter (i.e. is she his child ?) Is he threatening you?

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  3. Scott Michael Weiss

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I agree, you need a witness to the "stalking" . Affidavits will not come into evidence. There is little chance the judge will even consider allowing your 11 yr old child's written statement. Unless your child in being put in danger the judge will not allow her statement/testimony.

    The answering of this question is just friendly advise, and in no way legal advise, nor create an attorney-client... more
  4. Richard Scott Chizever

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Your issue involves questions of evidence and as my colleagues advised, it does fall under hearsay. I would consult an attorney in order that your case can be presented effectively. Good luck.

    You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S.... more
  5. Paul Grant Dwyer

    Contributor Level 5

    1

    Lawyer agrees

    Answered . To have the person arrested, the police only need to hear from you that he made contact. To have him convicted, the judge will have to hear from either your daughter OR the third person.

    If I can help, please contact me at once.

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