Legal Question in Family Law in California

How much merit does my friend have in a Domestic Violence case as a witness, if: 1) said witness has not seen any acts of violence or violent intent, and 2) all information this witness has gathered has been second hand information (told to by both by myself and the prosecutor prior to the case being filed)?


Asked on 4/06/10, 10:53 am

1 Answer from Attorneys

Your friend would be of little or no use as a witness in the situation you describe. The friend cannot testify to anything you or the prosecutor told them, unless there is some issue as to what you told them. They can't testify to it to prove that what you told them happened or didn't happen. So, for example, if the other party tried to show you made things up and tries to prove it by showing you never told anyone about things at the time they happened, THEN your friend can testify that you did, in fact, tell them about it at the time. But, if you say something happened, you can't have your friend testify to strengthen your statements that it happened, unless the friend saw it happen.

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Answered on 4/11/10, 11:59 am


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