Making and Responding to Objections at Trials Involving Domestic Violence
Going to court in a domestic violence matter is common. Whether this is done pro se or by using an attorney, sound knowledge about the trial process related to making objections is essential.
August 25, 2022 at 08:00 AM
8 minute read
LitigationDetermining when and whether to object to an argument, statement or question made by opposing counsel, or to object to an answer given by a witness is an important decision to be made at trial. Doing so calls for knowledge of the Rules of Evidence and the ability to react quickly and think strategically. These assessments are particularly important in domestic violence cases. It is also important in advance of trial to attempt to ascertain what objections may be made by opposing counsel and to be able to argue to the court in favor of the question you have asked and to argue to the court why the question is permissible. This also calls for knowledge of the Rules of Evidence and strategic planning.
The principal reason for every objection is to alert the court to potential weaknesses, bias or other problems with the witnesses' testimony before their testimony becomes a part of the evidentiary record, and to create a record for an appeal should one be necessary. The most common way to raise appealable issues is to raise those issues at the trial itself.
Note that some courts may not want speaking objections and may merely want counsel to say the word "objection." The court may inquire as to what the objection is, so it is important to know the basis for the objection should the need arise. Pertaining to domestic violence cases, these assessments are particularly important because where an issue goes awry an adult victim or child may be at risk.
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