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My spouse raised false accusation of domestic violence. she…

hello,my spouse raised false accusation...
hello,my spouse raised false accusation of domestic violence. she made a report to the police 8 months ago and so far no charges were made by the police however her attorney is trying to use a video record of a disagreement between me and her that happened three years ago in Canada on our trial divorce here in USA to make the Judge's mind.Questions:1 - Can the civil court accept that record as any sort of evidence?2 - Can the court accept past incident evidence (more that 3 years ago) to judge what happened 8 months ago?3 - What do you suggest to protect my right?Please help
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Answered in 1 hour by:
3/8/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 455
Experience: Family Law Attorney in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources.

Give me a few moments to look over your information and I will be right back.

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It seems that the avenue of going to the police got no where and that she is trying to put together a case of domestic violence.

I'll take your questions in order as you asked them.

1 - Can the civil court consider as evidence the video that was made?

If your wife was a party to the video and can testify to the Court that it is true and accurate then the Court can consider it. Even if she was not a party and you are, the Court may consider it.

2 - Can the court consider it even if it was three years ago?

The answer is maybe, but, and this goes to point three. The real question is if a court was to allow the evidence, what would it prove? It would likely only prove that 3 years ago there was a disagreement. It doesn't show all of the times in the last 3 years where you were all together and not disagreeing and, for your position, what it may show, if you and she were together any past the date of that video, that even with a video tape of the disagreement that occurred, she stayed with you. So that raises the question of how bad could it have been on her side? If you and her were not together the question would by why didn't you pursue a divorce 3 years ago (as in why did she not?)

So could a Court consider it? Sure. Could it be used to show what happened 8 months ago? Absolutely not.

So the final question, What should you do to protect your rights?

First, what does she want out of the divorce? Find that out and perhaps avoid a trial all together. Ask her attorney for a settlement proposal and determine if there is a way to finalize everything.

If not and a trial results, then the approach would be to decide if you want to try to keep the video from being admitted to evidence. If you do, when the attorney attempts to enter it, it should be objected and the Court should be made to understand that the video is three years old and has no value on the present.

If you decide that it should be admitted you could then after it was admitted have your wife address that despite the video it was more than 2 years (or whatever it was) that he waited to start a divorce.

Unless there is a lot of evidence of bad acts, I question how bad a three year old video would be if it was just a disagreement. Couples argue and disagree and judges absolutely know this.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 455
Experience: Family Law Attorney in Private Law Firm
Verified
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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 455
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Experience: Family Law Attorney in Private Law Firm

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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