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[IL] Can you use video to disprove false allegations at a protection order hearing?
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Hello, I have a few questions regarding an order of protection petition and how a discrepancy would be weighed.
I understand that dealing with an order of protection can be stressful. Can you share if you are the petitioner or the respondent in this situation?
Respondent.
What specific discrepancy are you concerned about regarding the order of protection petition?
An alleged incident that reads graphic and detailed, but I have video evidence showing that it did not happen at all.
Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your order of protection.
I have done extensive research on the discrepancies in the petition and found many. I'm trying to see how I should weigh them and perhaps which ones to skip altogether for time. This is in Lake County, IL.
Hello, and welcome to our service. My name is Daniel, and I've been a licensed attorney for over 22 years. I'm sorry you're dealing with this situation, and I'll do everything I can to help. To ensure I fully understand, you're concerned about discrepancies in an order of protection petition in Lake County, IL, and have video evidence contradicting an alleged incident. Is that right?
Yes, this is correct!
Thank you for reaching out. It's nice to get some help from a living, breathing lawyer!
This is part of the petition: "I was trying to get out of the house and as I was going down the stairs he was throwing things at me, telling me he is here to make my life hell and that I won't ever get rid of him."
My response is: "Your Honor, she claimed I was throwing things at her and threatening her as she went down the stairs. I have video from that exact moment. I was standing still and she walked past me. May I show it?" (Plays video.) "As you can see, I was not throwing anything, and I was not yelling or threatening her. I was simply asking her about the rent in a calm voice."
Will the judge allow the video? I'm away from her, not following her around with the camera, as she walks down the stairs peacefully. I did not follow in her direction either.
This is the current strategy for this piece. I have several others, but it is my understanding that examples will be substantially limited.
Could you let me know if there are any upcoming court dates related to this order of protection? This will help in understanding the timeline of events.
The court date to see if a full order will be in effect is [redacted: hearing date].
Thanks for sharing the court date. Do you currently have any legal representation, or are you planning to represent yourself in this matter?
I am planning to represent myself due to not being able to afford attorney's fees.
Have you already submitted any evidence or documents to the court, or are you planning to present them during the hearing?
Am I allowed to submit these? What's appropriate and allowed for that?
In Illinois, evidence must be relevant to be admissible in court under Illinois Rules of Evidence 401 and 402. Video evidence that directly contradicts the claims made in the petition could be considered highly relevant, as it may demonstrate the inaccuracy of the allegations against you. Because an order of protection is a civil proceeding under the Illinois Domestic Violence Act of 1986, the petitioner must prove abuse by a preponderance of the evidence (750 ILCS 60/205), so evidence that undercuts her account can carry real weight.
It's important to ensure that the video evidence has been properly preserved and that its authenticity can be verified. This means showing that the video has not been altered or tampered with in any way, as required by Illinois Rule of Evidence 901, which can usually be satisfied by your own testimony about how and when the video was recorded.
Generally, out-of-court statements offered to prove the truth of the matter asserted are considered hearsay and are not admissible under Illinois Rules of Evidence 801 and 802. However, video evidence showing actions or events as they occurred is typically not considered hearsay.
You have the right to present evidence in your defense, and the court must consider all relevant evidence before making a decision on the order of protection.
For other videos, is it acceptable to clip them if they are several minutes long, as long as it's a fair and honest representation?
Yes, you can clip videos to focus on the relevant parts, as long as the clips fairly and accurately represent the events. Here's how you can approach your situation:
- Prepare Your Evidence
- Ensure that all video clips are clear, unaltered, and directly relevant to the claims made in the petition.
- Keep the original, full-length videos available in case the court requests to see them for context.
- Understand Court Procedures
- Familiarize yourself with the court's rules on evidence submission. This might include deadlines for submitting evidence or specific formats required by the court.
- Consider contacting the court clerk for guidance on how to submit video evidence properly.
- Presenting Your Evidence
- During the hearing, clearly explain the relevance of each video clip to the judge.
- Be prepared to authenticate the videos by explaining how they were recorded and confirming they haven't been edited in a misleading way.
- Focus on Key Discrepancies
- Prioritize the most significant discrepancies that can be clearly demonstrated with your evidence.
- Avoid overwhelming the court with too much information; focus on the strongest points that support your case.
- Consider Legal Advice
- Even if you're representing yourself, consulting with a lawyer for advice on evidence presentation can be beneficial. They can help ensure you're fully prepared and that your evidence is presented effectively.
What would be a good approach for hiring and paying for help with just the evidence presentation? That seems reasonable to me. The lawyers I consulted with just want to do the whole case.
You can try to get that on a flat fee or consulting fee. Having local representation would be helpful in this situation. Your State Bar Association or the American Bar Association often offer referral services or legal aid programs that can provide free or affordable assistance. For private attorneys, websites like Avvo.com and Justia.com make it easier to search for lawyers near you, sorted by their specialties.
I want to make sure everything is clear and that you're comfortable with the information I've shared. Is there anything you'd like me to clarify or any other questions I can help with? If everything makes sense, please reply "all clear." I'm always happy to answer any other questions.
All clear, this was excellent.
I'm glad I could help! If you have any more questions in the future, feel free to reach out. Don't hesitate to reach out whenever you need assistance! Take care, and best of luck with your case!
Thank you!
Have a great weekend!
You have a great weekend as well.
Much appreciated.
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