Do I Still Need to Hire a Lawyer If We Are Going to Divorce Mediation. Perhaps you have bank statements that prove you provided your spouse with financial assistance for a period of time s/he said they received no child or spousal support. Required fields are marked *. I was standing next to my sister when she took the photo). (e.g. No personal knowledge: Is the opposing party testifying about an event that s/he wasn’t there to witness? (2) The witness statement of a witness called to give oral evidence under paragraph (1) is to stand as the evidence in chief (GL) of that witness unless the court directs otherwise. Remember, that if the judge catches you lying about an answer, you put in danger all of your answers. The trouble is, if you don’t ‘object’ right away, you could waive the privilege (and the document itself (and testimony, along with other ones may be admitted in court. Giving Evidence in Court Once a witness has been sworn in they are ready to give evidence. And there is no denying: being questioned in a witness box can be very nerve-wracking and scary. ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. I will be sure to pass this information on to my friend so he can help his son remain innocent! Therefore, keep in mind, that if you want time to think about your answer you should take a breath or a drink of water. If you can’t do this – the evidence comes in to play – whether you think it’s fair or not. hearings. Always answer truthfully. After all, it is not like criminal court and usually, there are no courtroom dramas. I really like what you said about how hiring a family attorney will allow you to get rid of the stress of appearing and presenting evidence before a court. He’s claiming he is worried about my husband who I’m not with and don’t live with is a danger to him and our son for text message I guess my husband had been sending him. And we all know how nervous you can get. Additionally, if the court finds that it’s probative value is outweighed by its possibility of ‘prejudice’, the court may exclude that too. Wait for the next question and only then provide more information. Can he use that against me in court? Thanks ! Objecting to a ‘writing’: What happens if the opposing party introduces a writing (as described above) that you feel is prejudicial to your case? Slowly you feel your heart chasing something that is far away. I wish I’d had this from day 1. And yes, a lot of questions can make you angry or nervous. Alternatives to child giving live evidence at a hearing 12. I found it interesting how you mentioned how you should print off the entire chat if you plan on using an online chat as evidence in a family court. Re-read any written statements you have filed to refresh your memory. It is the judge that you want to get your message across and no one else. However, you need to get yourself together and not let that happen in court. Giving evidence in any court case is daunting even for the most seasoned and experienced witness. Evidence is tricky – even for experienced attorneys. And also, if you can manage to talk a bit slower than normal it will also help you keep yourself calm. Very often … Levine Family Law Group | Divorce Attorneys | Oakland • Emeryville • Berkeley. Your sweat starts running down your body. prove that your writing or video will assist the court determine the truth or whether it will instead be misleading (does it help to establish a fact necessary to prove your case?). A friend of mine has a son who recently got into legal trouble with a peer but he claims that there are chat logs out there that prove his innocence. The writing must be ‘relevant’ to the issue in controversy and cannot be unduly prejudicial. State that it is an accurate picture of what it purports to show (e.g. Most people (even some lawyers) don’t expect the Evidence Code to apply in family law — in the same way that we see it used in Criminal or Civil Law. Of course, you also have the choice of guessing what the question was. Maybe you have an email from your spouse clearly expressing the intent to end the relationship and live separately. Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), general knowledge of the rules of evidence can really help you to gain a legal advantage in your divorce or other family law action. Maybe you need a minute to think about it. The Court needs to consider seriously … The fact is, that it most often does. Fortunately, it is not ‘rocket science’ and can be learned. Right now we have shared parenting but as of Saturday he got evicted and took off with our son and changed his phone number. A barrister or solicitor representing the party who has called the witness will begin to ask some questions. Also familiarise yourself with the rest of the evidence before the court. It was explained here that it will be best to hire a family lawyer because they can help her focus and express what she wanted. This is considered an unlawful intrusion into privacy. Many litigants try to bring in evidence of their spouse’s affairs or other ‘bad’ behavior. The reason behind that is that you are answering all the questions for the benefit of the judge and not the person who is asking you questions. Giving evidence in court can be very stressful, especially if that evidence is in family law court. And when I say straight talk, I mean no jokes or sarcasm in the courtroom. I mean, the lives of your children, the financial security of your family and so many more important things are placed under the spotlight in family law cases. Furthermore, it’s recommended to hire an experienced family lawyer for the best outcome. This is known as evidence-in-chief. A good attorney will alert you to some of the issues you may face in court with the presenting the evidence that supports your case and strategize other ways to prove your points or overcome objections. My aunt is planning to adopt a child to accompany her at home. Imagine yourself in the witness box. Hearsay: Written or verbal statements made by someone other than a witness testifying which are offered for the truth. I mean, what if you lied about everything else, too? When was the photograph taken? Moreover, if you have a family case you need to find an experienced family law attorney. A lot of questions are being asked to you. Are you less nervous now? If the opposing party introduces evidences that you believe is not relevant, you should speak up! And when I say straight talk, I mean no jokes or sarcasm in the courtroom. 4. writings: When we lawyers refer to ‘writings’, we are actually talking about a whole host of documentation – photographs, emails, letters, words, pictures etc. Moreover, giving evidence is your one opportunity to have your say about your family case. Presenting Evidence in Family Court, Part 1. Very often people use humor as a defense mechanism. If you are representing yourself and you would like to present a photograph into evidence, make sure that you state the following: