I’m representing myself at the final PFA hearing for my son. The order is against his stepfather (and another one against his mother). Both of them have pending charges for child endangerment/neglect. I’ve gathered some notes, texts, and pictures as evidence and also have DHHS appearing as a witness. However, I don’t have much direct evidence of abuse by the stepfather—just DHHS testimony and a written statement from my son’s aunt (she’s not comfortable being in the same room as the defendants). Do you think this will be enough to keep the order in place? Also, any tips on what questions to ask to strengthen my case?
You’re in a tough spot, but having DHHS testify is a big deal. Their involvement carries weight in court.
Ciel said:
You’re in a tough spot, but having DHHS testify is a big deal. Their involvement carries weight in court.
Thanks! I’m hoping their testimony makes a difference. It feels like the most solid part of my case.
@Fallon
It likely will. Just make sure to ask them to clearly outline the incidents that led to their involvement.
If you want to address the pending charges, you could ask questions like, ‘Are you aware of the charges against you?’
Quincy said:
If you want to address the pending charges, you could ask questions like, ‘Are you aware of the charges against you?’
Good idea! I’ll work on wording my questions to highlight their legal situation without sounding confrontational.
@Fallon
Exactly! Stay calm and stick to the facts. The court will pick up on the pattern if it’s clear.
About the written statement from your son’s aunt, did you check if the court will accept it as evidence? Hearsay rules can be tricky.
Alina said:
About the written statement from your son’s aunt, did you check if the court will accept it as evidence? Hearsay rules can be tricky.
I haven’t. Do you think I should ask the judge to allow an exception for hearsay?
@Fallon
Yes, bring it up. You’ll need to explain why the statement is important and why the aunt can’t appear in person.
If you’ve witnessed past incidents involving the mother, like the harassment and assault, you should definitely mention them. It shows a pattern.
Emma said:
If you’ve witnessed past incidents involving the mother, like the harassment and assault, you should definitely mention them. It shows a pattern.
That’s a good point. She does have a history of this behavior. I wasn’t sure if it would be relevant.
@Fallon
It absolutely is! Just tie it back to your son’s safety to show how her actions impact him.
Are you planning to file for custody modification too? A PFA could strengthen your case if it’s granted.
Fionn said:
Are you planning to file for custody modification too? A PFA could strengthen your case if it’s granted.
I was thinking of filing after the PFA hearing. I’m not sure if doing it now would complicate things.
@Fallon
Waiting makes sense. If the PFA is in place, it’ll carry more weight in the custody modification process.