Biased and Hearsay Evidence in PFA Cases

To obtain a Protection From Abuse (PFA) order in Pennsylvania, it's not enough for a victim to say that a certain individual, such as a current or an ex-spouse, harmed them. Instead, the alleged victim must prove their case by convincing the court that a harmful incident occurred as described.

But in domestic violence cases, which is where we typically see courts deciding on and awarding PFA orders, it's not uncommon for the alleged harm to take place “behind closed doors.” And so, given the challenges of proving an act of domestic violence that took place in private, alleged victims may attempt to rely on statements that should never ordinarily be admitted by a court. Meaning, they may attempt to use witnesses who could be biased in their favor, or they may try to rely on statements made by someone who is not in the courtroom.

If you're facing a PFA order in PA, you may be wondering – can such potentially weak or unreliable evidence be admitted against you? And, if so, how can you challenge a PFA awarded by the court based on such evidence?

Well, the good news is that you can – and often should – challenge such “biased” or “hearsay” evidence. Or you might appeal a PFA issued based on such evidence. In all cases, there's one thing in common. You should never go it alone. Not when experienced criminal defense attorneys at the LLF Law Firm are only a phone call or email away.

Are you dealing with a PFA order in Pennsylvania? Trust the LLF Law Firm to help. To secure prompt, reliable, and comprehensive representation, call the LLF Law Firm Criminal Defense Team at 888.535.3686 or schedule a meeting by reaching out to us online.

Standard of Proof in PFA Cases

In legal terms, the “standard of proof” simply means the level of evidence required to prove that an incident occurred as described. The standard, or amount of evidence required, varies depending on the type of case in contention.

To obtain a PFA in Pennsylvania, an alleged victim must prove their case based on what's known as the “preponderance of the evidence.” Meaning, it is more likely than not that the harm occurred as described. This is lower than the criminal standard of “beyond a reasonable doubt,” which means it could be easier for a plaintiff to secure a PFA than to prove criminal charges. This is, however, no more reassuring for defendants, who still face life-altering consequences should a PFA hearing go against them.

Note that it is the plaintiff's responsibility to prove the case. It is not the defendant's responsibility to prove their innocence. That said, the evidence presented by alleged victims at PFA hearings can be questionable at best. And courts may be willing to accept what we might consider “biased” or “hearsay” evidence in some situations, which we will consider below.

Types of Evidence in PFA Proceedings

There are various types of evidence that a plaintiff may attempt to use to support their case in favor of a PFA. Generally, we can categorize such evidence as follows.

• Criminal Conviction: A criminal conviction for domestic violence is very strong evidence in favor of the courts awarding the plaintiff with a PFA against the defendant. This is because the criminal standard of proof is higher than the standard required for a PFA, and so, if the criminal case is proven, then it is much easier for the plaintiff to seek a PFA order.   
• Objective Evidence: Objective evidence is simply evidence we can prove by analysis. It is not based on opinion; it is fact-based. Examples are photographs sent by the plaintiff or text messages from the defendant to the plaintiff.   
• Neutral Evidence: Neutral evidence is evidence from someone without a personal or vested interest in the outcome of the case, such as a “disinterested” bystander who doesn't know either party but who happened to witness the domestic abuse.   
• Medical Evidence: Medical evidence includes imaging, doctor's notes, and medical records, which can be used to demonstrate injuries or harm.  
• Hearsay Evidence: We'll cover this more closely below, but generally, hearsay evidence is something said by one individual but which another party testifies to. In other words, it is a statement made by someone who is not present but which another party, who is present, claims to be the truth.      
• Biased Evidence: Biased evidence is, in simple terms, testimony made by individuals who are inclined to favor a certain party, whether it is the plaintiff or the defendant.

Hearsay or biased evidence arises frequently in PFA cases. But when is such evidence accepted – or inadmissible? Let's consider these types of evidence in more detail.

Hearsay Evidence

Hearsay is an alleged statement, declaration, or assertion made by someone who is not a testifying witness at the PFA hearing. It is presented by someone who is testifying, and it is presented as evidence to support what they claim to be the true version of events.

In other words, hearsay evidence is when one person claims that another person said a particular thing or made a particular comment, but there is no way to check if this is true.

Examples of Hearsay Evidence

In a PFA hearing context, examples of hearsay evidence might include the following.  

• Say a police officer attends an alleged domestic violence call. They then claim, at the hearing, that a witness told them they saw the defendant behave aggressively. If the witness is not in the courtroom, then what they (allegedly) said cannot be used to support the officer's testimony because the defense cannot cross-examine them.   
• A friend of the plaintiff says that the defendant confessed to another friend about abusing the alleged victim. This other friend, however, is not present and cannot testify to this supposed statement.   
• The plaintiff's relative says that the defendant's next-door neighbor heard domestic disturbances on numerous occasions. The next-door neighbor is not present and is not a witness for the PFA hearing, so this claim cannot be tested or challenged.

Will Courts Accept Hearsay Evidence in PFA Cases?

Because hearsay evidence cannot be “tested,” challenged, or cross-examined, it is generally inadmissible other than at preliminary hearings. This is true at the federal and state levels in criminal and civil cases, including PFA hearings. The rule here is to ensure that the defendant has a right to confront the evidence against them or those accusing them of a crime or civil wrongdoing.

However, there are exceptional circumstances where a judge will accept certain types of hearsay evidence at a PFA hearing. This evidence may still require corroboration, that is, another piece of evidence that supports or confirms it. The LLF Law Firm Team can explain what may be required depending on your case.

Exceptions to the Hearsay Rules

The types of limited exceptions to the hearsay rules, which apply at PFA hearings, are as follows:

• Excited utterance: A statement made under stress or while in an emotional state. Since it is an emotional reaction rather than a statement made later, it is unlikely to be fabricated or exaggerated.   
• Present sense impression: A declaration made immediately after witnessing a specific event. Meaning it is the person's “unfiltered” impression of the event. Again, this could be admissible if corroborated because it's unlikely that the declarator had time to plot what was said. An example could be if the witness testifies to the defendant threatening the plaintiff.      
• Statements made for medical diagnosis: If a statement is made “in contemplation” of medical treatment or as part of a diagnosis, then it could be admissible. An example could be a treatment for an injury allegedly sustained due to a domestic violence incident.    
• Challenging witness credibility: If the defense challenges a witness's credibility, e.g., for potential bias against the defendant, then the plaintiff can put forward evidence that supports the witness, even if it is otherwise considered hearsay.   
• Hearsay within hearsay: This is when a witness quotes an official document, such as an accident report or medical records, and the document contains a statement or comment made by someone else e.g., medical records containing statements from other doctors who are not present.

Communications Which Are Not Assertions

According to PA law, certain types of communications are not hearsay, even if they are made by someone who is not present and who cannot be cross-examined. Such communications include greetings, exclamations, and questions. So, in some scenarios, certain comments made by individuals who can't be cross-examined will be admissible at PFA hearings.

Why are such statements exceptions? Well, it is because they are not assertions or statements made in support of a fact. They are declaratory. The difference between what is declaratory and what is assertive in an evidence context is nuanced but hugely important – your attorney at the LLF Law Firm will ensure that you fully understand the complexities involved as they relate to your case.

Biased Evidence

Biased evidence is simply evidence or testimony from a person who is likely to support one party at a PFA hearing over the other. Usually, this means a friend or family member.

There is no need for the witness to act intentionally. All that matters is that they could, even subconsciously, be inclined to support one party over another. However, there is, of course, a risk that a biased witness could exaggerate or even falsify claims against the defendant at a PFA hearing. That is why any statements made by a friend or family member of the plaintiff must be rigorously tested by the defense for bias or prejudice, especially if the biased witness is the only witness to an alleged domestic violence incident.

Examples of Biased Evidence

Biased evidence can be anything, but in PFA cases, it often means testimony from a witness supporting the plaintiff. For example, a relative might testify that they saw the defendant behave aggressively towards the defendant or heard the defendant make a specific threat.

Sometimes, biased evidence comes from other sources. For example, say the plaintiff has expert medical evidence supporting their case. However, maybe the expert had reason to believe that the defendant had already confessed to domestic violence. In this case, the expert may not evaluate the medical evidence impartially – they may be skewed in favor of the plaintiff. That is why such evidence must be closely scrutinized; there is always the risk of bias in any legal proceedings.

Is Biased Evidence Permitted in PFA Cases?

According to PA law, courts can typically accept any evidence that could make an alleged fact more or less probable, even if it is testimony from the plaintiff's friends or family members. But, of course, the quality and reliability of evidence matter, and biased evidence may be problematic.

Defendants can – and should – robustly challenge any statements or evidence that could be considered biased, especially when there is a lack of objective evidence to support the plaintiff's assertions. This will involve proving that the evidence is biased. The LLF Law Firm Criminal Defense Team will explain, based on the facts of your PFA case, whether bias is an issue and how we can counter biased evidence.

Does a Criminal Conviction Automatically Mean the Court Will Grant a PFA Against the Defendant?

It's easy to assume that since a conviction for domestic violence is strong and compelling evidence against the defendant, the courts will automatically award the plaintiff with a PFA. While this is often the case, we must remember that the criminal case for domestic violence and the petition for a Protection from Abuse order are separate cases. That means that, although the outcome of the criminal case could influence the PFA hearing, they are separate, and the domestic violence conviction does not automatically mean the courts will grant a PFA. The plaintiff must still go through the process of proving their case and demonstrating why the order is necessary.

What if the Plaintiff Has No Objective Evidence to Support the Allegations?

PFAs are uniquely challenging in that the judge's decision often comes down to weighing up one party's version of events against the other. In this sense, even if a plaintiff lacks strong physical evidence to prove their case, or they're trying to rely on biased or hearsay evidence, a judge could still rule in their favor, should they believe that:

• The allegations are more likely to be true than untrue, and  
• Resultantly, the PFA is necessary to protect the victim from the defendant.

Given how seriously PA takes domestic violence, there is always the risk that a defendant is not given the fullest possible opportunity to present their case. Concerns may arise over due process and the defendant's rights to a fair hearing. Should you find yourself in this position, our Criminal Defense Team will robustly protect your interests and ensure that you are treated with the respect you deserve.

Can a Plaintiff Seek a PFA if There's No Medical Evidence?

Yes. At the temporary PFA stage, judges will usually err on the side of caution and issue a temporary order without any medical evidence. This is because temporary PFAs are short-lived, so a judge will often be inclined to adopt protective measures until a final PFA hearing can be carried out.

At the final PFA hearing, it all comes down to which side presents the strongest evidence. And so, despite having no medical evidence to support their claims, alleged domestic violence victims can – successfully – seek PFAs against an alleged assailant.

Can I Appeal a PFA?

Yes. In PA, you have the legal right to appeal a final PFA within 30 days of the court issuing the order. Although you can appeal a final PFA to PA's Superior Court, you require legal grounds to do so. An appeal is not simply an opportunity to revisit the same evidence or present the same case twice.

The good news for those appealing final PFAs is that one of the legal grounds is based on the sufficiency of the evidence. You can appeal the order if you can show that the evidence was insufficient to prove that:

• The incident(s) took place as described, and  
• The order is necessary to protect the alleged victim from further harm.

An overreliance on hearsay evidence or the admission of evidence that should otherwise have been excluded could be arguments used in your favor. Your attorney can explain whether you have grounds to file an appeal based on insufficient, biased, or hearsay evidence.

How to Appeal a PFA Based on Insufficient Evidence

To appeal a final PFA based on the sufficiency of evidence, you follow the same process as you would for any other PFA appeal. This means filing an appeal with the Superior Court and setting out the grounds for seeking the review.

However, you should understand that PFA appeals are notoriously difficult. Courts are obliged to give the alleged victim all benefits of doubt and look favorably upon their evidence. This means that the burden falls on the defendant to show why the alleged victim is not credible. Although this may, in some cases, be an easier bar to meet if the only evidence available is permissible hearsay evidence or the alleged victim's own account, it is still very challenging to achieve.

The goal should always be to successfully challenge a PFA in the first instance. That is why it is advised to retain experienced legal counsel as soon as possible.

Do I Need a PFA Defense Attorney?

You are never obliged to retain legal counsel for a final PFA hearing. You are entirely entitled to conduct your own defense. However, there are many reasons why this is not necessarily to your advantage – specifically when we consider how conducting your own defense could leave you vulnerable to hearsay or biased evidence.

• If you are new to legal procedures in PA, you may not fully appreciate what type of evidence can be challenged as hearsay or biased evidence. This could mean losing out on the opportunity to challenge evidence that should be dismissed.   
• Even if you do suspect that certain evidence could be hearsay or biased, you may be unsure how to challenge the evidence most effectively.   
• You may not present your own evidence as convincingly or compellingly as possible. And there is always the risk that you may rely too heavily on evidence that could be challenged as inadmissible by the other side. Hiring an attorney prevents both related issues from arising.

Just because you can conduct your own defense does not mean that you should. Your future is too important to take any risks regarding your defense against a PFA order.

How the LLF Law Firm Can Help

No matter whether you're attempting to have domestic violence accusations dismissed, or you're appealing a final PFA, the LLF Law Firm Criminal Defense Team should be your attorneys of choice.

• Our lawyers routinely represent individuals facing PFA orders across the US. Our understanding of the intricacies of PFA procedures means we are well-placed to conduct the best possible defense for our clients.   
• We are passionate about protecting our clients' best interests and defending their legal rights. Our attorneys will bring this commitment, dedication, and drive to your PFA case.   
• Issues regarding hearsay and biased evidence are complex and highly nuanced. As experienced litigators, our lawyers have a thorough knowledge of how to challenge such evidence and present a compelling defense in a client's best interests.  
• The LLF Law Firm Team truly cares about and respects every individual client. Securing you the justice you deserve is our passion. And we will do everything possible to help you achieve the fairest outcome.

Our attorneys want to help you fight for your future, regardless of what has happened in the past. Reach out now to learn more about how our attorneys can help you challenge insufficient evidence or build a compelling case.

Retain an Experienced PFA Defense Attorney at the LLF Law Firm

Don't let hearsay, biased, or otherwise weak evidence damage your future. Instead, trust the LLF Law Firm Criminal Defense Team to give you the support and representation you deserve. Your legal rights are too precious to risk going it alone.

Let our experienced attorneys defend your best interests and protect you against inadmissible evidence. We will explain the protections you are afforded by law, walk you through the legal process, and robustly challenge any evidence that could be considered biased or hearsay evidence. We will stand by your side and do everything possible to defend you against the consequences of domestic violence charges, including the issuance of a final PFA against you.

Don't delay in securing effective, reliable legal representation. Call now at 888.535.3686 or tell the LLF Law Firm about your case online to get started.