Many people who call the police on their partner believe that they are in control of the case and they can choose whether or not to “press charges.” They also think that they have a choice in whether or not they must testify against the accused. Unfortunately, nothing could be further from the truth.

In fact, if your partner refuses to testify at trial, your defense could be harmed. The law states that even if your partner does not testify, statements made to the police or 911 at the time of the incident can be offered in court. These statements can be more harmful to your case than your partner’s testimony. Even though it is painful for you and your partner, encourage him or her to testify and to be truthful — your freedom could be at stake.

In most cases, this type of evidence would be considered “hearsay,” and it would not be allowed to be heard in court. (“Hearsay” is a legal term that refers to statements made out of court that are offered in court as proof of the matter asserted in the statement.) Domestic violence cases have many exceptions to allow hearsay evidence. The first exception is found in California Evidence Code Section 1240.

• Evidence Code §1240 allows statements made by your partner into evidence if your partner was describing what he or she was viewing or experiencing at the time he or she made the statement. Any statements made to the 911 operator while your partner is experiencing or seeing your actions may be used against you in court.
  
• The “fresh complaint” hearsay exception says that any statement of a complaint made by your partner can be admitted into evidence. The fresh complaint must not be simply a response to questioning; it must actually be a complaint. This statement can be used against you to show what offense was committed and who committed the offense. There are exceptions to the fresh complaint rule, making professional legal help essential.

Because of these rules, exceptions and exceptions to the exceptions, having a skilled and dedicated lawyer is mandatory. Whether or not the case stems from a false report, a mistake or a family in crisis, professional guidance can help ease a difficult situation.