I’m preparing for a PFA hearing but can’t get the police report in time. The department says I can’t have it until the person is charged and convicted. Is there any way I can still bring this up during the hearing? Most of my evidence is hearsay, and I’m worried it won’t count. Any advice?
Yeah, you can still testify about what happened. The judge will usually allow you to talk about the events even if there’s no report yet.
Emerson said:
Yeah, you can still testify about what happened. The judge will usually allow you to talk about the events even if there’s no report yet.
Oh, that’s good to know! Do I need to phrase it in a specific way, or just describe the incident?
@Lawer
Just be detailed and clear. Stick to what happened and how it led you to file for the PFA.
Do you have any proof that you contacted the police, like emails or messages? That could help show you reported it.
Yan said:
Do you have any proof that you contacted the police, like emails or messages? That could help show you reported it.
I think I have an email chain. Would that actually count as evidence?
@Lawer
Yeah, it shows you took steps to report the issue. Judges might consider it to back up your claims.
If you’re stuck with hearsay, do you have any witnesses who can speak to what happened or your situation?
Ellery said:
If you’re stuck with hearsay, do you have any witnesses who can speak to what happened or your situation?
Not really. He’s super careful about what others see or hear. It’s been tough to get anything solid.
@Lawer
Gotcha. Even if someone knows about the context or saw things afterward, they might still help.
Did you ask the judge if they’ll let you submit the police report later if it comes through? Some courts allow that.
Tristan said:
Did you ask the judge if they’ll let you submit the police report later if it comes through? Some courts allow that.
I didn’t even think of that! How do I request something like that?
@Lawer
Just ask during the hearing. Explain the situation and say you’ll submit it as soon as it’s available.
FYI, if the judge allows police testimony, maybe ask if an officer can verify your report is being worked on.
Vince said:
FYI, if the judge allows police testimony, maybe ask if an officer can verify your report is being worked on.
Hmm, would they even do that if the case isn’t closed yet?
Vince said:
FYI, if the judge allows police testimony, maybe ask if an officer can verify your report is being worked on.
Hmm, would they even do that if the case isn’t closed yet?
Depends on the department, but it’s worth asking. Some will provide a simple statement about an ongoing investigation.