For example, if you have testified that the witness called you insulting names and the witness denies it, you might produce text messages in which the witness called you the same or similar names. If the messages use a screen name or user name that differs from the witness’s real name, provide additional information, such as posted selfies, to establish that the account belongs to the witness and that they wrote the messages.
For example, if a defendant spouse lies about their income, you could introduce check stubs or tax returns that show the amount of money they actually make.
For example, if you stated in your written complaint that the witness had destroyed your clothing, but they denied it, you could present a photo that showed your destroyed clothing. While the photo wouldn’t necessarily prove that the witness destroyed your clothing, it could be persuasive along with other information, such as the fact that they were the only person in the house at the time.
If you have an attorney representing you, they’ll be in charge of cross-examining the witness. This can help you catch the witness in a lie because your attorney has the training and experience to know exactly what to ask the witness and how to get to the truth. If you don’t hire an attorney, on the other hand, you’ll have to cross-examine witnesses on your own. This can be difficult under any circumstances if you don’t have any legal training, but it’s even more of a challenge if emotions are running high, as they often are in family court cases.
For example, if a witness claimed that someone else had destroyed property you claim they destroyed, you might ask them who else was in the house on the day the property was destroyed. If no one else was there, it seems obvious that they destroyed the property, then tried to deny it. Incorporate the language of deception into your questions to help persuade the judge that the witness’s account shouldn’t be trusted. For example, if the witness lied about their income on a financial disclosure statement for a divorce, you might ask “Is it true that you make an additional $2,000 a month that you fraudulently omitted from your disclosure statement?” The word “fraudulently” makes the question more persuasive regardless of the witness’s answer.
For example, suppose you’ve accused the witness of domestic violence, a fact they deny. You might start a line of questioning like this: “Isn’t it true that you believe yourself to be the master of your home? And if someone defies your orders, you get angry, do you not? When you get angry, do you tend to get physical? Isn’t it true that you once punched a hole in the wall?”
Start by introducing the deposition and asking the witness if they recall attending the deposition and the things they said there. Then, ask if they said the contradictory statement. They will likely say they don’t remember. You can then introduce the statement in the deposition transcript as evidence. For example, suppose a witness claims that they were never angered by their husband. You might ask “Isn’t it true that in your deposition on December 19, you said that your husband frequently angered you and caused you to lash out?” If they said they didn’t remember, you could introduce the statement.
In some courts, you can also use recent felony convictions of any type of crime. However, the conviction typically has to be within the past 10 years at the latest. Be careful using past convictions to bring the witness’s credibility into question. This can often result in a back-and-forth with the two of you simply trying to destroy each other’s reputation, with little gain.
Eyewitnesses can get tricky in family court, especially if your eyewitness is a relative. You may end up having to prove that the eyewitness isn’t simply lying for your benefit. Someone who seems more closely aligned with the lying witness is often a better eyewitness than someone who seems more closely aligned with you. For example, if you’ve filed for divorce and your wife lied on the stand about a fight the two of you had, calling her sister as an eyewitness would be better than calling your own sister. Only call eyewitnesses who directly witnessed the event or the behavior. If the disputed incident involves texting, online interactions, or a phone call, it’s fine if they only witnessed one side of the incident as long as they were actually there.
When you tell your side of the story, stick to the facts and avoid expressing your opinion or making assumptions about why another person might have said or done something. If you have an attorney, they’ll likely rehearse your testimony with you. However, you don’t want to practice too much. You want your testimony to sound natural, not coached or prepared. This will make it seem like your attorney told you what to say. When you testify, the other side also has the right to ask you questions. They will try to make you seem like you aren’t honest or credible. Do your best to remain calm and keep a level head. Answer the questions directly, but don’t supply any additional information they didn’t ask for.
For example, if a witness lied and stated they never abused their children, you might call a school counselor, teacher, or social worker who could testify that they saw bruises on the child or that the child told them about the abuse.
