hearsay guru,s

[outhouse]

What is the name of your state (only U.S. law)? Ca

be easy ive been reading up a week now on hearsay and im confused with the best of em

It is said that police reports are hearsay as its a outside statement/document used in court.

there are said to be 24 exceptions and ive read them and im hoping i can make a few apply.

Am i right in thinking its not hearsay if im using it to show what is not in the police report? since theres no assertion and im not trying to prove the truth.

second i called 911, since the officer was excited when the ex flipped out and officer made a statement "she seemed unstable" i should be able to use this exception [["excited" utterances, and defines them as "statements made to a startling event or condition while the declarant was under the stress of excitement caused by the event or condition." In practice, this exception usually involves 911 calls or quick police responses where the victim is found hysterical, in great pain]]

and possibly this one as well [[4. Statements about the declarant's then existing mental, emotional, or physical condition]]


I understand im in a cave without a light and im just bumping into stuff. If anyone can give me some insight I would appricieate it as i know exs lawyer will call the police report hearsay.

I am trying to learn as im on my own for a while

 

[Ohiogal]

Am i right in thinking its not hearsay if im using it to show what is not in the police report? since theres no assertion and im not trying to prove the truth.

Why do you need the police report? Why don't you do this: If this happened why didn't you report it to the police? Why doesn't the police report show that you stated that?
Use that type of questioning. Have the person being questioned point out where in the police report X appears. You don't necessarily need to introduce the police report as evidence.

second i called 911, since the officer was excited when the ex flipped out

and officer made a statement "she seemed unstable" i should be able to use this exception [["excited" utterances, and defines them as "statements made to a startling event or condition while the declarant was under the stress of excitement caused by the event or condition." In practice, this exception usually involves 911 calls or quick police responses where the victim is found hysterical, in great pain]]

That one is trickier. Have you requested a copy of the 911 call? In many places those are available under FOIA. The excited utterance is NOT going to mean much though unless the police officer has specialized training that shows they have the qualifications to determine mental stability. It is NOT proof of anything.

and possibly this one as well [[4. Statements about the declarant's then existing mental, emotional, or physical condition]]

The DECLARANT is the person saying it. Was "she" saying she was unstable? If not then that does not qualify.

 

[outhouse]

[[Why do you need the police report?]]

a few reasons. The ex claimed long term spousal rape to file the RO against me. The police report I have is from 2 months previous. This report shows there was no mention of this type of crime. and I pointed out that the CPS SW stated to me that women like this often make claims of sexual abuse and child abuse to gain the upper hand in a custody battle. I was warned 2 months previous to the RO that it would happen. this warning was the the time/during the police report above.

Im shooting for mothers credibility here.

I know its not proof that I didnt commit the crime but i have A CPS report in camera to the judge. I was told by CPS SW that ex denies violence the night she filed RO but yet a week later admitted to the DV. The CPS report may or may not prove this fact [i have seen it but im not allowed to disseminate]

Allthough the officer stated "she seemed unstable" im not trying to prove she is unstable officer is not a doctor. but when she flipped out in front of the officer,,, im saying its not hearsay because im trying to prove the officers mental state that he was so worried about leaving the baby with the mother he had to call CPS back out to the marital home. that is in the report.


I was tired when i posted this, i made a mistake in that i did not call 911 this time. officer stated ex flagged him down hysterical and she brought him back to the marital home. of coarse this was 1 hour after the DV took place.
Hysterical is mentioned 5-6 times.

its a piece of a puzzle that hopefully will help me get the judge to order the mothers proper psyc eval.

I have paper copies of 2 911 reports that show mom hysterical in the background. I was the only one who ever called 911 to stop the violenc in front of the child. the mother never called 911 because i have never been a threat. and she really cant see what shes doing when shes hysterical so she doesnt know what shes doing to the child. Or she is just so mad she doesnt care about the child in that instance.

I have CPS telling me mother is a lier. [possible report to back this claim] I have a police report stating mother is very hysterical and seemed unstable. I have 2 911 reports that show mom is hysterical. i want to use these because its better then just a story from me.

Im not trying to take custody away i just want the mother to get help so she can be a good mom and get custody back without me having to worry about the mother fighting with her next boyfriend/husband endangering my daughter like she has with me.

the mediator recommended a comprehensive psychiatric evaluation and it was adopted by the court. mother went to her doctor and had a 1 hour mental health council that did not even indicate anxiaty or depression. a second mediation states the Psyc eval was of no use because no diagnose was givin to properly asses the mother. the case is complicated because we have no money. this is the main reason that the judge is not ordering a full blown test. $

im hoping with all the reports i have showing mothers mental state good or bad it will help to protect my daughter

 

[Ohiogal]

Im shooting for mothers credibility here.

So you want to use it for impeachment purposes. You dont' necessarily have to worry about the hearsay rules because the hearsay won't come into play unless you want to bring the police report itself into evidence.

Allthough the officer stated "she seemed unstable" im not trying to prove she is unstable officer is not a doctor. but when she flipped out in front of the officer,,, im saying its not hearsay because im trying to prove the officers mental state that he was so worried about leaving the baby with the mother he had to call CPS back out to the marital home. that is in the report.

Proving the officer's mental state is NOT anywhere near what you need to prove. If the baby was removed that night, you can have testimony regarding the actions of the mother necessitating removal. That STATEMENT does not matter.

I was tired when i posted this, i made a mistake in that i did not call 911 this time. officer stated ex flagged him down hysterical and she brought him back to the marital home. of coarse this was 1 hour after the DV took place.
Hysterical is mentioned 5-6 times.

Hysterical is mentioned WHERE five or six times? Subpoena the officer. He can testify to what he said and what he did and it will not be hearsay. That is the BEST way of dealing with it.

I have paper copies of 2 911 reports that show mom hysterical in the background. I was the only one who ever called 911 to stop the violenc in front of the child. the mother never called 911 because i have never been a threat. and she really cant see what shes doing when shes hysterical so she doesnt know what shes doing to the child. Or she is just so mad she doesnt care about the child in that instance.

Paper copies? You mean certified transcripts?

I have CPS telling me mother is a lier. [possible report to back this claim] I have a police report stating mother is very hysterical and seemed unstable. I have 2 911 reports that show mom is hysterical. i want to use these because its better then just a story from me.

Subpoena the CPS worker and the police officer. That is what you should do. That is the best thing to do.

 

[outhouse]

[[unless you want to bring the police report itself into evidence. ]]
it is a exhibit in my custody declaration.

[[If the baby was removed that night]]
baby was not removed, this was after CPS came to the home a custody arrangement was made and the mother flipped out. Officer tried to call CPS back to the home because he did not want to leave baby with mother. becasue it was 1am CPS never returned and after 1.5 hour waiting mother calmed down and i left.

[[Hysterical is mentioned WHERE five or six times]]
i just re read the police report it states mother is hysterical 3 different times in different areas of the report that the officer witnessed. #1 officer pulled in front of hysterical driver flagging him down. #2 father stated in a non aggresive manner that he would come back tomorrow to gather things and mother started getting hysterical and tried to leave the house without the baby after custody arrangement was made that mother would have the baby that night. #3 officer asked ex if she wanted to leave she stated "yes" because father would come back and hit her and she began crying hysterically, officer tried calming her down and told her he would not hit her and she could call 911 if he did.

[[Paper copies? You mean certified transcripts?]]
not sure it states its a police dpt controlled document, police clerk told me audio recording was unavalible. Officer stated she get get me copies that prove i called 911. It says Its a [Detailed history for police call #blah blah blah]

[[Subpoena the CPS worker and the police officer. That is what you should do. That is the best thing to do.]]
court is tomorrow. and this is a custody hearing not the RO hearing. Im trying to prove she filed the RO wrongfully because its wrong ive had one for 8 months but most of all using false claims of abuse to gain the upper hand in a custody battle is a horroble thing to do to a child, it should be taken seriously by the court as strong evidence that the parent has little concern for the childs mental well being and cares even less about exs relationship with other parent. [mother is still on supervised visits so this will not be the last custody hearing this is also the first time in 8 months the judge has heard any of my story as mother was buried deep enough on her own]

OG thank you for the great advise, and thanks for you and the rest of the seniors for being tough on us all getting me ready to face court properly.

more advise is helpfull im sharpening my hearsay skills