Hearsay Exceptions & Domestic Violence Cases

As most people know, any domestic violence case will hinge upon the quality of evidence offered. However, not every piece of testimony or object will be admissible in court as evidence. One of the major reasons why is because of a legal concept called hearsay – but sometimes, simple errors of procedure by law enforcement can endanger either a prosecutor’s case or a defendant’s liberty.

Hearsay And Its Exceptions

The legal concept of hearsay is when a statement made out of court by a third person is submitted in court for the truth of the matter it asserts. For example, if a witness in a homicide case testifies that their brother heard their friend confess to the crime, that statement cannot be considered as evidence, because the brother should be testifying – hearing the statement thirdhand is too unreliable to potentially deprive a person of their freedom over.

That said, there are several different exceptions to the hearsay rule, some of which will often apply to cases of domestic violence. Many are only available if the declarant – the person who made the statement – is unavailable to testify, though some are always available. Some of the most commonly seen in domestic violence cases include:

• Excited utterances. This exception covers statements made in the heat of the moment. An example might be a victim yelling, “Ow, you shot me!” during a fight.
• The so-called “child hearsay” exception. This allows a child’s reliable out of court statements to be offered against a defendant instead of forcing the child to testify, which could be profoundly traumatizing.
• Statements intended to be used in guiding medical treatment.
• Public records.

These exceptions let evidence be admitted at trial when it might otherwise be unreliable or inadmissible.

Hearsay Can Be Challenged

While hearsay evidence is more commonly accepted in domestic violence cases than in other types of criminal matters, it is important to be aware that just because a statement fits an exception, it does not mean that it will be accepted as evidence. A knowledgeable defense attorney will generally be able to challenge the validity of hearsay evidence – a common example is questioning an out-of-court statement made months or years before trial being offered for its truth.

It also sometimes occurs where a parent will attempt to coach or guide a child into making a statement then offered to the court for its truth. Any hint of influence can lead to the statement being excluded from evidence, which can sometimes provoke strong reactions. Alternatively, coaching may render the statement non-hearsay, which might make it inadmissible to begin with.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with domestic violence can be a frightening ordeal, and having the right attorney on your side can help you remember you are not alone. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can ensure that your rights are protected during the legal process – call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/Sections/0090.803.html