Domestic Violence and Whether Prior Acts of Domestic Violence can be Admitted Into a Trial as Evidence
At the Law Office of David P Schwarz we are experienced trial attorneys who are extremely familiar will domestic violence evidence admissibility issues that arise during an Orange County superior court hearing. Please contact our office at 949 735 9266 for a consultation or via the web. We can also be reached via email at firstname.lastname@example.org.
A domestic violence attorney will be able to admit certain types of domestic violence evidence into the proceeding. During the domestic violence hearing a if a party is accused of an offense involving domestic violence, the evidence of the defendant's commission of other domestic violence is potentially admissible if the Judge rules it is relevant to the action.
In addition, a Domestic violence lawyer will argue to the Court that if a party is accused of an offense involving abuse of an elder or dependent person, evidence of the defendant's commission of other abuse of an elder or dependent person is admissible if the Court believes it is relevant.
The evidence code also permits the admissibility of child abuse evidence In Orange County superior Court. which shall include consideration of any corroboration and remoteness in time, in a criminal action in which the defendant is accused of an offense involving child abuse, evidence of the defendant's commission of child abuse is not made.
At the Law Office of David P Schwarz we follow all evidentiary rules the Court lays out that must be followed in order to get a fair proceeding in Court. Therefore there must be a free exchange of all evidence from both sides prior to the trial or hearing. This includes statements of witnesses or a summary of the substance of any testimony that is expected to be offered.
A Domestic violence attorney will make sure that the evidence that they provide the court or evidence that the other party attempts to have entered into the hearing is not more than 10 years old. The Court, however, has the last say as to the admissibility of any evidence that is 10 years or older. The Judge can admit the 10 year old evidence if it is in the interest of justice.
An important evidentiary issue deals with the admissibility of expert testimony expert testimony regarding intimate partner battering and its effects. This expert testimony is important to the prosecution of domestic violence cases. The expert can testify about the nature and effect of physical, emotional, or mental abuse. Furthermore, they can testify about the beliefs, perceptions, or behavior of victims of domestic violence.
The expert witness need only pass a simple qualification test based on their experience as an expert on this issue.
At the Law Office of David P Schwarz, we can provide a great defense to any allegation of domestic violence in Orange County Superior Court based on inadmissible evidence being offered against our clients. Please contact our office at 949 735 9266 or via the web for a consultations. We can also be reached via email at email@example.com