The Hearsay Evidence Rule and Domestic Violence Investigations

"FROM THE CLASSROOM" by Ray Hill, Professor Emeritus, Santa Rosa Junior College
Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

“The Hearsay Evidence Rule and Domestic Violence Investigations”

   It was in the1990s when P.O.S.T. produced Legal Update programs that could be taped off-air. I remember one program, narrated by DeVallis Rutledge, formally of the Orange County and Los Angeles County District Attorney Offices, on the value of hearsay evidence testimony in domestic violence cases. Over the years I have incorporated this information into my teaching in the Associate Degree Program, the Basic Police Academy, and in Advanced Officer Training at Santa Rosa Junior College.

   As a law enforcement First Responder on the scene of a domestic violence case, there are a number of priority considerations: Officer safety, victim EMS care, establishing the corpus of the crime, following your agency’s protocol procedures for TROs and victim’s services, etc.

However, a domestic violence investigation is “fertile ground” for admissible hearsay testimony.

Note: See 800 E.C. – Opinion Evidence Rule. You are able to offer an opinion on traumatic injury (victim’s appearance and demeanor) for the purpose of establishing your probable cause to arrest for a felony that had occurred outside your presence).

   Evidence consists of testimony, writings, material objects, or other things presented to the senses offered to prove the existence or non-existence of a fact (140 E.C.). Admissible hearsay is a form of testimony. Evidence of a statement made other than by the witness while testifying offered to prove the truth of a matter stated (1200 E.C.). Literally, this is an "out-of-court" statement offered for proof in court. Generally, hearsay is not admissible because there is no opportunity to judge the competency or credibility of the ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.