Asked in Domestic Violence and Criminal Law

Q: Can they charge someone with domestic violence that3rd party hearsay

My friend was charged with domestic violence. No cop present with someone else saying she did it. There was a mark on his face but he did that himself not her.

1 Lawyer Answer

A: A person can be charged with domestic violence based on a statement given by a third party who claims to have witnessed the acts. A police officer does not need to personally witness the violence. In fact, it is extremely rare that the police officer personally witnesses the violence. Often, it is just the perpetrator and the victim.

To secure a conviction, the prosecutor will call the third party witness and the victim to testify. Their testimony as to what happened isn’t hearsay.

The perpetrator’s attorney will have an opportunity to cross examine both to try to show they are lying.

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