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Question about evidence in court

Posted by on Jul. 15, 2012 at 9:45 AM
  • 19 Replies

Hello. I'm submitting a protection order for my son tomorrow and I requested denial or supervised visits on the form. 

For one of those to get approved, a hearing is required. Son's dad's ex-girlfriend told me that he does crack and drinks a lot. She doesn't want me to tell him that she told me about it because she fears for her life and her baby's life and wants to remain anonymous. 

Can I mention the drugs and alcohol without any evidence? Is suspicion enough, to get him tested?

background: he has: 3 charges of battery to a pregnant woman, 4 regular battery charges, license suspended for life.


I'm not getting a lawyer because I paid big bucks for once and I didnt get anything to happen my way.

by on Jul. 15, 2012 at 9:45 AM
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Replies (1-10):
Andrewsmom70
by Silver Member on Jul. 15, 2012 at 9:58 AM
Was drug or alcohol abuse part of any of his charges? If so you could use that as the basis for your request and add request for on going random testing as stipulation for visitation. I don't think you can use what she told you since she won't tell it under oath.
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Traceyssel
by on Jul. 15, 2012 at 10:06 AM


Quoting Andrewsmom70:

Was drug or alcohol abuse part of any of his charges? If so you could use that as the basis for your request and add request for on going random testing as stipulation for visitation. I don't think you can use what she told you since she won't tell it under oath.

She was the pregnant woman that was battered 3 times and she he was high/drunk when he did it. I want to get the police reports for them to see what they say, but I think you have to be a person involved to get them? 

LifeCafe42
by Nora on Jul. 15, 2012 at 10:13 AM
just bring up against him if his gf isn't concerned about her child you are doing her a favor
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tyfry7496
by on Jul. 15, 2012 at 10:38 AM
That could be considered here say and then won't be admissible in court. Are there police reports of the abuse that you can get copies of? Other people willing to testify under oath? Sounds like you may need an attorney.
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StephMarie_Mom
by on Jul. 15, 2012 at 10:58 AM
If you go to the records department of your county courthouse, you can request a background check on your ex. Some of his arrest record will be availble as this is public record. Mind you, some of it will not be available to you. However, it's better than nothing. Take that with you to court. Once the judge is able to see a snap shot of what your concern is, he/she will then be able to make a decision as to whether or not they want to open the entire record he has. Once they do so, all of his history be out there on front street. You may not need her to testify. If anything you can probably have her write up an anonymous letter on your behalf and present it with the court records of his previous charges. Putting the two things together, they can figure it out in court.
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Andrewsmom70
by Silver Member on Jul. 15, 2012 at 11:02 AM
Yep, you should be able to request copies of police reports. They'll tell you what you do and don't have access to.

I don't think a judge will take into evidence an anonymous letter.
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happymommy1105
by Gold Member on Jul. 15, 2012 at 11:03 AM
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No, that is heresay and cannot be used in court.  You have to have first hand knowledge, meaning you saw him doing the drugs or he confessed it to you, for you to use it in court.  

Honestly, you need a lawyer.  Lawyers don't get you your way- lawyers help you understand the process and make sure you don't screw yourself.  there is a huge difference between that and getting your way.

JakesMom712
by Bronze Member on Jul. 15, 2012 at 11:04 AM
Can you ask the gf to give you a copy of the police report?
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StephMarie_Mom
by on Jul. 15, 2012 at 11:10 AM
People make anymous testimonies more often than you'd think, that's why it's an anymous testimony. I'm not sure how that process works, but she can always give it try. I've known people who've written official anymous letters that were used in court against batterers.


Quoting Andrewsmom70:

Yep, you should be able to request copies of police reports. They'll tell you what you do and don't have access to.



I don't think a judge will take into evidence an anonymous letter.


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MommaDes
by Member on Jul. 15, 2012 at 2:53 PM
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 Yes. You can place her name in the complaint and state that she wants to remain anonymous.

You may also want to file for full physical and full legal custody while you are at it and then he would have to go to the court to seek visitation.

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