Divorce and the Exclusion of Prejudicial Evidence

At the Orange County Law Office of David P Schwarz we are very well qualified trial lawyers who can protect you from prejudicial evidence admitted at trial. Pease contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Divorce lawyer will will protect you from evidence that is admitted at trial that is purely used to evoke an emotional response to the Court. This motion is used to exclude prejudicial evidence. The motion is based upon the statutory balancing test of Evidence Code Section 352, which is the key source for excluding evidence that will result in an undue consumption of time or will create a substantial danger of undue prejudice, confusion of issues or misleading of the jury.

A Divorce attorney will even argue that relevant evidence may be excluded if the probative value is substantially outweighed by the risk of undue prejudice. Prejudice, as contemplated by Section 352, is that which tends to evoke an emotional bias against a party and has very little effect on the issues. Under the statute permitting a trial court to determine whether the probative value of evidence is substantially outweighed by the probability of undue prejudice, the trial court may exclude evidence that is unduly prejudicial because of the substantial likelihood the jury will use it for an illegitimate purpose.

The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the witnesses.

At the Orange County Law Office of David P Schwarz we will argue that evidence is substantially more prejudicial than probative if it poses an intolerable risk to the fairness of the proceedings or the reliability of the outcome. In Divorce proceedings it is important to protect the integrity of the evidence being admitted to the Court. Thus a strong motion before the trial to exclude unnecessary and prejudicial evidence is vital.

A Divorce Lawyer will make sure that the Judge weighs the probative value of evidence against its prejudicial effect because evidence that will evoke emotional to the Court could make the Judge side against one side. Thus highly emotive evidence cause to make the case an emotional theatrical performance should be prevented at all costs.

Ultimately a well prepared motion to the Family Law Court is very important. Trial Court has broad discretion to exclude prejudicial highly inflamed evidence. Thus having a well drafted and carefully argued motion will help you significantly when going in front of an experienced Judge who is familiar with the Evidence Code. It is important that the Judge is not persuaded by frivolous arguments by the opposing party. Thus, the Judge can make or break a divorce case some times.

At the Orange County Law Office of David P Schwarz we will fight for to exclude unfair and prejudicial evidence meant to evoke only and emotional response from the Judge. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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