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Hi,
I was just wondering, when you're going through a finding of fact over domestic violence, if my ex got false witness statements from other people stating they "saw" acts of violence, then how would I prove them wrong in a finding of facts court case?
I need to know that if my ex did this to me, how I would go about proving this false.
Thanks.
I would ask in court how these people know your ex?
If they are friends or family or co-workers then they are not impartial and therefore their statement cannot be seen to be a true account of the alleged event.
Without independent impartial evidence it's her word against yours. Although it would help if you could prove the allegations false with evidence.
If the witness statements are filed as evidence for her case you should have the opportunity to cross examine the witnesses in court.
The judge in a FoF hearing will look at the evidence and make a ruling, but the burden of evidence doesn’t have to be as strong as it would be in a criminal court, the judge will apply probability in his findings.
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