Child's Hearsay in Domestic Violence Protective Hearing

Child's Outcry in Criminal Cases: Written statements from abused children, on a case by case basis, are allowed in Texas criminal cases.  If the Court finds the statement reaches the level of reliability that the child's testimony would be admissible, then the statement is allowed.  The idea is to get the truth and protect a child from further domestic violence. Testimony from a child has the potential of intimidation or revenge for making an outcry.  A child should be protected from his abuser.  A child should be protected from the rigors of the courtroom.


Similar Provision in Texas Family Code:  A similar provision in the Texas Family Code, on a case by case basis, allows a child's written statement that describes his abuse to be admitted into evidence. Once again, the Court determines the reliability of the written statement in a hearing, away from the jury, to determine the reliability. Was the child's written statement the result of manipulation or is it reliable?  A Texas family lawyer sees cases in which neither the adults, both accuser and the accused, have the morals of an alley cat.  Or, perhaps they do not have the morals of an alley cat.   The appeals in these cases show that the real fight comes in the hearing to determine the reliability of the written statement.  Showing the reliability of the statement is trickier than it would first appear.


New Act for Protective Order Hearings:  Now the Texas Legislature has taken up House Bill 905 to allow the same kinds of written statements to be used  in hearings on Applications for Protective Orders.  The written statement of the child, 12 years and younger, that describes family violence against the child will be admissible.  The new Act follows the prior Texas laws and brings consistency to the protection of children in Texas Courts. If it passes, the new Act will take effect on September 1, 2011.


Protecting abused children is good: House Bill 905 appears to be a good Act to bring consistency to the legal system.  Protecting abused children is good. Protecting children from domestic violence is good. Getting to the truth is good.  Creating exceptions to the Hearsay Rule is always a bit scary to this lawyer. However, that protecting abused children is more important than my comfort level with a rule of evidence.