Do My Kids Have To Testify?

Domestic violence cases are often highly emotional, difficult matters to prosecute, and the potential for volatility only increases if young children are involved. No one ever wants to put a young child in the position of having to discuss what is likely a traumatizing event for them – but at the same time, in some cases, a child’s testimony may be all the evidence a state’s attorney has with which to try a case. As a parent, it is crucial that you understand why a child may be asked to testify.

A Balancing Of Interests

It is important to note that Florida’s Family Law Rules Of Procedure has a prohibition on minor children testifying in court (unless required by law or another civil rule) unless a court order asking them to do so has been issued. That said, this hurdle is very often cleared with a simple order, or simply ignored due to the gravity of the specific situation.

If there is a possibility of a child testifying in a domestic violence case, there are several factors that go into a judge’s decision to allow that testimony, with the best interests of the child at the forefront. The age and overall maturity of the child matter more than almost any other consideration, given the potential for trauma, but the question of relevance and/or necessity should also be considered. No one wants to harm a child – but no one wants to see an alleged abuser go free, either.

No Need To Face Defendant Directly

While a court must determine that a child’s testimony would be relevant and necessary in order to permit it, the question of whether a child should testify is different from the question of whether a child can testify. Florida courts are required to assess a minor child’s competency before allowing them to testify – for example, it must be shown that the child knows the difference between the truth and a lie.

If a child meets all the requirements to testify, and their testimony is deemed relevant enough, one other slight change in procedure applies if they wish. While most witnesses are required to appear in person so that the defendant’s Sixth Amendment right to face their accuser is honored, the Supreme Court has held that a young child may testify via closed-circuit TV from another location (even if that location is another room), particularly if they have a legitimate fear of their alleged abuser.

Contact A West Palm Beach Domestic Violence Attorney

While no one ever wants to place a minor child in the position of testifying against a parent, Florida courts will do so if it means a perpetrator of domestic violence is more likely to be found guilty. If you have questions or concerns about children’s testimony in these difficult cases, a West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can try to get you answers. Call our office today to speak to an attorney.

Source:

media.floridabar.org/uploads/2020/03/20-01-30-Redline-Proposed-Amended-Rule-12.407.pdf