Q: I have a TRO case in a week, the only evidence the other party has against me is screenshots and the use of cell phone.
Everything in the TRO filed is "Hearsay," and the only possible proof is on a cell phone as a screen shot or text message or on social media (facebook). Is any of this actually admissable in the courts?
A: It depends. In criminal Violation of TRO proceedings, the State would need to turn over copies of any discovery/evidence related to a person's case. In a civil proceeding that could either be in district or family court depending on whether you and the other person meet the criteria for relatives, partners, etc. If the other person is attempting to obtain a TRO against you, that person should have to file an exhibit list with the court and provide you a copy. And the person would have to be able to meet the evidentiary foundation requirements under the Hawaii Rules of Evidence in order for the Court to properly consider the contents (often screenshots printed on paper or video published in the courtroom). Hearsay is a common legal objection, but it can be overcome under a number of listed exceptions to the rule. If the other person has an attorney, their attorney is likely capable of doing the above for them and then such information may be admissible depending on some other rules of evidence.
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