Santa Clara, CA asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona

Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is there a form or motion I have to submit? Thanks!

1 Lawyer Answer

A: Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's instructions regarding having the the document prepared as an exhibit at trial (generally, your exhibits are due a week ahead of the trial, though this can vary from judge to judge), and then, on the day of trial, you want to grab the document, identify the document (i.e., this is Exhibit 38 - reports my ex has made), you have to then ask the court to move into evidence, the other side will get a chance to object, the Court will then determine whether to admit it.

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