Hearsay and 911 Calls in a Violation of a Protective Order Case

Hearsay and 911 calls can be entered as evidence in violation of protective order prosecutions and other California domestic violence offenses involving intimate partners. California law defines intimate partners as heterosexual and gay individuals who are married, divorced, living together, have children together, or who are currently or were formerly dating.

Protective orders include orders issued by the court that prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Anyone who knowingly violates a protective order can be charged with a misdemeanor, which is punishable by a maximum penalty of one year in jail and a $1,000 fine.

California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

With these consequences, violating a court order is a serious accusation. That is why it is imperative for the accused to hire an attorney who is knowledgeable not only with respect to California domestic abuse crimes but with the types of evidentiary issues that frequently arise during these types of trials. The experienced criminal defense lawyers at The Kavinoky Law Firm have successfully defended countless individuals who were charged with violating a protective order issued to protect their intimate partners. The attorneys receive ongoing training and education about intimate partner abuse cases and the issues that commonly surround these types of cases. They know how to argue for admission or exclusion of hearsay and 911 evidence to provide the most effective defense for their clients.

"Hearsay" is a legal term that refers to statements that were made out of court that are later offered in court as evidence of their truth. Although hearsay evidence is generally inadmissible in criminal proceedings, there are exceptions to that rule, and intimate partner violence cases are one of those exceptions. Under California law, hearsay statements, including 911 telephone calls, are relevant in domestic abuse cases.

This exception admits into evidence statements made by the protected party at the time when he or she was experiencing or witnessing the violation that is the subject of the case. The rationale behind this exception is that the spontaneity of such statements and the lack of opportunity for reflection and deliberate fabrication provide an adequate guarantee of their trustworthiness. Clearly this isn't the case in reality, as many 911 calls have been placed under false pretenses and based on underlying motives such as anger, revenge and jealousy.

Nonetheless, these statements are admissible into evidence and, in a vigorous effort to convict the defendant, the prosecutor will seek to have the investigating officer read the protected party's statements to the jury and will also ask the judge to play the recorded 911 call for the jury. However, even the exceptions have exceptions, which is why it is so important to have professional legal representation that is familiar with this area of the law.

Because of the highly complex and technical rules (and exceptions to those rules) that come into play in a California intimate partner abuse case, having a skilled and qualified defense lawyer who knows how to exclude or downplay this type of evidence is critical. The attorneys at The Kavinoky Law Firm have both the knowledge and experience to aggressively tackle any issue that may arise in a violation of a protective order case. A knowledgeable defense lawyer can answer any questions about a California domestic violence charge during a free consultation.