Date: December 4th, 2024 12:28 AM
Author: dun self-absorbed brunch
This time around I was prosecuting, not defending, a Domestic Violence Restraining Order for my client.
I was representing an ex wife and the husband stipulated to a three year restraining order because he knew he was toast.
The judge sent us into the hallway to see what we could work out ourselves regarding some of the details since husband and wife, though long divorced, lived literally next door to each other.
Wife was asking that the judge kick husband out of his home and the judge was pretty clear that wasn’t going to happen so he sent us into the hallway to see what we could come up with regarding distance requirements and whatever else might come up.
The biggest issue turned out to be whether the two adult daughters, one of whom still lives with mom, would be added to the restraining order. The judge did not want to add them without evidence that is what the daughters wanted.
My client said from the table that both of her daughters said they didn’t want to see their dad again. They are 30 and 32 years old.
Judge said that was hearsay.
My client said her daughters wrote the same thing in a letter.
“Still hearsay,” the judge shot back.
I said, “Your Honor, I think this falls under an exception to hearsay for state of mind.”
The judge immediately replied, a little sarcastically, “Sure, your client’s state of mind—“
“—no, Your Honor, the daughters’ state of mind.”
The judge looked like a deer in the headlights and then you could see his wheels turning for a second before he abruptly turns to my client and says, “Stand to be sworn.”
He swears in my client and then goes, “Counsel, I believe you want to ask your client some questions.”
I ask her a few questions about what her daughters said, when they said it, etc, and when I finished the judge goes, “Ok I’m adding the daughters.”
(http://www.autoadmit.com/thread.php?thread_id=5643926&forum_id=2#48408773)