Legal Question in Family Law in Washington
hearsay in restraining order
My wife has put a restraining order against her and our child so she can get temporary custody and fight for custody but everything she is accusing me of is a lie and just hearsay anyways. will they just believe her just cause she says so? I have 8 declarations from people stating that these alligations are not true.
1 Answer from Attorneys
Re: hearsay in restraining order
It will depend on what she is saying and whether it is credible. Her testimony (declaration is generally not considered hearsay, if she is reciting what she saw and if she is reporting what you said it is an exception to hearsay). It will also in part depend on who the people are that signed declarations and what they say. More weight is given to the statements of people who are not closely associated with a party, the most weight is generally given to professionals (police officers, doctors, psychologists, etc).