Court Procedures / Evidence / Service

Often times, exactly what evidence can be admitted in court during a hearing will depend upon the specific judge and what s/he thinks is relevant. In some situations, a judge may only allow someone to testify about the specific allegations and incidents that are included in the petition. Other judges may allow a petitioner/victim to testify about a history of abuse, even if it is not specifically included in the petition in order to show that the incidents alleged are part of a larger pattern of domestic violence. Similarly, some judges may allow someone to testify about incidents that occur after the petition is filed, again to show that domestic violence is often ongoing and that incidents continue to occur. The judge’s ultimate decision as to whether or not to allow specific testimony in court may also depend on whether or not the lawyer for the respondent objects to the testimony or not – sometimes if no one objects to it, the judge will allow it. If the other party can object and make a valid legal argument as to why the judge should not allow the testimony, it may be kept out - however, the petitioner’s attorney can also respond to the objection of the respondent’s lawyer and try to convince the judge why the testimony is relevant and should be allowed. We have a link for lawyers on our website, some of which may be free or low-cost if you qualify:LINK