Understanding the Hearsay Rule and Its Exceptions in Florida Family Law Cases

Introduction

The hearsay rule is a fundamental principle in Florida law that restricts the use of secondhand statements as evidence in court. In family law cases, hearsay issues frequently arise in matters involving child custody, domestic violence, and child abuse allegations. While hearsay is generally inadmissible, there are several exceptions that allow certain out-of-court statements to be used in court.

This guide explains the hearsay rule, common hearsay exceptions, and two of the most important exceptions in Florida family law cases: the child hearsay exception and the excited utterance exception.

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What Is Hearsay?

Hearsay is defined under Florida Evidence Code Section 90.801(1)(c) as:

“A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”

In simpler terms, hearsay is a statement made outside of court that is presented in court as evidence.

For example:

• A mother testifies, “My son told me that his father hit him.”
• The statement is hearsay because the child (the declarant) is not testifying, and the mother is repeating the child’s statement to prove that the father hit the child.

Because hearsay is often unreliable, it is generally not admissible in court unless it qualifies under an exception.

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Why Is the Hearsay Rule Important in Family Law?

Hearsay rules exist to ensure that only reliable and verifiable evidence is used in legal proceedings. In family law cases, courts must determine what is in the best interests of the child, and hearsay restrictions prevent false or misleading statements from influencing custody and time-sharing decisions.

However, in certain circumstances, the court allows hearsay statements to be admitted—especially when children, victims of abuse, or statements made in emergencies are involved.

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Common Hearsay Exceptions in Florida

While hearsay is generally inadmissible, Florida recognizes several exceptions under Florida Evidence Code Section 90.803 and Section 90.804. These exceptions apply when a statement is deemed reliable, even if it was made outside of court.

Some of the most frequently used hearsay exceptions in family law cases include:

1. Child Hearsay Exception (Florida Statute 90.803(23))

• Allows out-of-court statements made by a child under 16 to be admitted as evidence if:
  • The statement describes an act of abuse, neglect, or a sexual offense.
  • The child’s statement is considered reliable based on the time, content, and circumstances.
  • The child testifies in court, or the court finds that testifying would cause emotional harm.

This exception is critical in child custody and abuse cases, as children may be unable or too traumatized to testify in court.

Example:
A teacher testifies that a child said, “My dad hits me when he gets angry.” If the court determines the statement is reliable and meets the statutory requirements, it may be admitted as evidence even though it is hearsay.

2. Excited Utterance Exception (Florida Statute 90.803(2))

• A statement made in response to a startling event or condition and while the declarant is still under stress or excitement from the event.
• Courts allow these statements because people are less likely to lie when reacting to a shocking situation.

Example:
A child runs up to their babysitter crying and says, “Mom just pushed me down the stairs!” If the statement is made immediately after the event, it may be admitted under the excited utterance exception.

3. Present Sense Impression Exception (Florida Statute 90.803(1))

• A statement describing an event as it is happening or immediately after.
• Courts consider these statements reliable because they are made in the moment, reducing the chance of misrepresentation.

Example:
During a phone call, a person says, “I can hear my ex screaming at the kids right now.” Because this statement is made contemporaneously, it may be admissible under this exception.

4. Statement for Medical Diagnosis or Treatment (Florida Statute 90.803(4))

• Statements made to a doctor, therapist, or medical professional about an injury or condition may be admitted.
• The person must be seeking treatment when making the statement.

Example:
A child tells a doctor, “My mom hit me, and now my arm hurts.” The doctor’s testimony about the statement may be admitted in court.

5. Public Records Exception (Florida Statute 90.803(8))

• Official reports, such as police reports, child welfare investigations, and medical records, may be admissible even if they contain hearsay.

Example:
A police officer testifies that an official report states, “The mother admitted to slapping the child during an argument.” The statement may be admitted under this exception.

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Challenges and Limitations of Hearsay Exceptions

While these exceptions allow hearsay statements to be admitted, courts do not automatically accept them. The judge must still evaluate the credibility and reliability of the statement.

Some factors that may affect admissibility include:

• The time gap between the event and the statement (long delays may reduce reliability).
• Whether the statement was influenced by another person (coaching or pressure from a parent may disqualify it).
• The child’s ability to understand and communicate (in child hearsay cases).
• Contradictions in testimony or other evidence that cast doubt on the hearsay statement.

Attorneys may challenge hearsay exceptions by arguing that the statement does not meet the necessary criteria or that it is not trustworthy under the circumstances.

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How a Family Law Attorney Can Help

A family law attorney can assist with:

• Determining if hearsay evidence is admissible in a case.
• Challenging improper hearsay statements made against their client.
• Presenting hearsay exceptions to admit crucial evidence, such as child abuse disclosures.
• Ensuring proper legal procedures are followed to protect parental rights.

At Bonderud Law, we help clients navigate complex evidentiary issues in family law, custody, and domestic violence cases. If you have questions about hearsay evidence, contact us today for a free consultation.

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Conclusion

The hearsay rule is an essential safeguard in Florida family law cases, ensuring that evidence presented in court is reliable and fair. While hearsay is generally inadmissible, exceptions like the child hearsay rule and excited utterance exception allow certain statements to be introduced when they meet legal standards. Understanding these exceptions is crucial for both parents and attorneys involved in custody disputes, domestic violence cases, and child abuse allegations.

If you are dealing with a case involving hearsay evidence, consulting with an experienced attorney can help protect your rights and ensure that only admissible, reliable evidence is used in court.