Categories: Domestic Violence

Corroborating Evidence and a Hearing in French

Alec and Lydia Act | Evidence and Credibility

Corroborating Evidence and a Hearing in French

Arizona's Alec and Lydia Act does not require exhibits or another witness to corroborate domestic violence testimony. Learn what judges may consider.

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What the law says

A domestic violence claim must be established by a preponderance of the evidence. Corroboration from exhibits or testimony from another person is not required.

A hearing in French

I am reminded of a day I spent on the bench as a judge pro tem years ago, listening to an Order of Protection hearing. Both parties spoke French, which I do not speak, and there was a translator. I was stunned to learn that I had immediate reactions just listening to two very different stories where the language lagged the speech. I formed impressions of truth-telling by facial expressions, tone, loudness, body position, eyes and hand gestures. Once I paired the speech with what I observed, I believed that I knew who was telling the truth.

Why corroborating evidence matters under the Alec and Lydia Act

Why am I writing about this? I have been reading complaints about the Alec and Lydia Act that specifically criticize its rule that a domestic violence claim does not require corroboration from exhibits or another witness. Critics suggest that people may lie and that some parents may be falsely accused. Yes, that might happen, and it always has been a possibility. But the overall goal of the Alec and Lydia Act and Arizona public policy is to protect children.

Most domestic violence happens without witnesses

Domestic violence can kill and injure. Abusers are very cunning. Most domestic violence is not witnessed. We know. We recently had a case where a parent pinched the child while being on a supervised visit. He did it while ostensibly hugging the child.

Judges still evaluate credibility and the full record

Judges are the fact-finders. They listen to testimony, assess credibility and consider the full evidentiary record. Under the Alec and Lydia Act, the absence of documents or testimony from another person does not automatically prevent a domestic violence claim from being established. The court still decides whether the evidence meets the applicable legal standard. This change is designed to help courts respond to abuse that may be difficult to document and to protect more children.

Talk with Tali about your evidence

If domestic violence is part of your story, Tali Best Collins handles every new client consultation personally. Talk to Tali.

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bestlawaz.com/talk-to-tali | (480) 219-2433

About the Author

Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She has served as a Judge Pro Tem in Maricopa County Superior Court and handles every new client consultation at Best Law Firm.

Best Law Firm | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | (480) 219-2433 | Talk to Tali

This article is intended for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Arizona family-law outcomes depend on the facts of each case, current statutes, court rules, local procedures and judicial discretion. If you are in immediate danger, call 911.

Tali Collins

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