Q: May I quote a victim impact statement made at a criminal sentencing hearing in a related family law case?
Long story short. My son's mother lied during the statement. Those lies, I believe are a form of mental abuse. One lie in particular involved an event witnessed by 5 people and 2 Cops that she omitted completely. The omitted event was replaced by stating I had tormented her for 12 hours, refusing to tell her where our son was. I have the texts during that time from her to me. I told her where he was. She showed up with 2 cops. She then left without the baby. There are more lies, but that one shows that she will lie in court. Her brother works for the DA. There's more, but that one thing, I believe would help me of I could show a judge.
A:
In California, family law and criminal proceedings are distinct, but evidence from one proceeding can be relevant in another if it pertains to the issue at hand. You may introduce the victim impact statement from the criminal sentencing hearing in the family law case if you believe it's relevant to demonstrate credibility issues or other pertinent matters. However, it's up to the family court judge to determine the weight and relevance of that statement in the context of the family law matter.
If you aim to use this to highlight inconsistencies or potential untruths, be prepared to substantiate your claims, such as with the text messages you mentioned. It would be advisable to present a cohesive narrative that demonstrates the significance of the statement in relation to the family law issues. Always consult with legal counsel to ensure the strategic introduction and use of such evidence. The court's primary concern is the best interest of the child, so ensure your evidence aligns with that principle.
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