Hello- I am working on helping my fiancé draft an affidavit to respond to a motion to establish custody and parenting time for her child. There was domestic violence against her by the father of her child several years ago which resulted in an arrest. I would like to include this case in the affidavit to show the court that violence occurred.
What is the proper way of citing the previous incident? I have obtained records through the court system including a Register of Actions, details of conviction, plea and sentence. I've requested a copy of the police report as well but will not have it for 7-10 days. What information is acceptable to properly cite that the domestic incident did occur?
Divorce / Separation Lawyer
She can mention it in the affidavit, attach related documentation as exhibits, and cite to the exhibits in the affidavit. The court decree itself along with the court's findings is solid evidence. Police reports are also very useful.
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Family Law Attorney
Your fiance should absolutely tell the court about the abuse with as much detail as possible. The records you mentions will lend credibility to her claims. All you need to do is label each report as Exhibit A... B... C.. and reference the exhibits in the affidavits. A police report would be helpful because it will contain a description of the incident and may verify some of her details. If anyone has seen the abuse, or any threatening behavior toward the children, you can also attach a notarized letter from them describing their fear for her and/or the children However, abuse directed solely at your fiance will not be enough. If possible, try to show that the children are not safe in his presence. Any aggressiveness or neglect of the children will help your case.
The court applies what's known as the best interest of the child standard to determine who gets custody of children. The link below will take you to the statute that list the 13 factors that the court uses to determine the best interest of the child.
Dana C. Rindahl is an attorney/partner at Perez & Rindahl Law, LLC. We are located at 842 Raymond Avenue, Suite 200, Saint Paul, MN 55114. Any information we have provided on this site does not establish an attorney/client relationship. We encourage you to contact us for a formal consultation that will allow for us to both obtain more information from you and to look at all of the evidence surrounding the case. Please do not hesitate to contact us at 763-463-0367.
Criminal Defense Attorney
The answer depends on the type of proceeding.
If it is part of a Motion, it can be attached to an affidavit as an exhibit and referenced in the affidavit. If it is an evidentiary hearing ( a trial), proper foundation must be laid for the exhibit which means calling a person to authenticate the record whether that is a police officer for police reports or having the Court take judicial notice of a Certified court Order.
Understanding what to present and how to present evidence in a particular proceeding is critical to making an effective case. You should consider retaining counsel.
For a consultation call 612-240-8005.
CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com