How to Submit Evidence at a DV Protective Order Hearing

[ProSeRespondent]

My question involves restraining orders in the State of: West Virginia

I'm going pro se through a divorce, have a hearing this week on a bogus (yep, it's really bogus) DV petition, and would like to ask some practical questions about evidence.

I feel good about the rules of evidence, foundations, and whatnot. What I couldn't find were simple answers. All I'm looking for here are simple, straightforward practical answers. I understand the rules of evidence are complicated and am not asking for help in that regard. Any help is much appreciated. Thank you.


Can evidence be entered in WV during cross exam? [All of my evidence is documents]

How is evidence entered during testimony as one's own witness? That is from the stand or following testimony?

May her version of events filed with the DV petition be entered as evidence?

May I read directly from that version of events during x-exam? During presentation of my evidence?

How would a visual aid exhibit (like a time line) be intro'ed?

If that exhibit were a whiteboard, could I annotate it during cross? During presentation?

Again, I'm asking in principle and understand that her attorney might be able to confound anything I try to do, but I need the starting points. Thank you.

[Mr. Knowitall]

During an evidentiary hearing, you can seek to introduce your exhibits through any witness who is competent to authenticate them and lay a foundation for their admission.

Presumably your spouse will testify about "her version" of events, and thus "her version" will come into testimony in that manner.

I expect that the court will have read your spouse's petition. Its content may be relevant to examination or cross-examination.

A visual aid is introduced as a visual aid. It's not an exhibit and it's not introduced into evidence. You can check with the clerk to see if the judge wants it to be marked. You can inquire about their general policies as to chalkboards, white boards, and the like.

You would be wise to be represented by counsel. You're being accused of domestic violence, and it could get very awkward to cross-examine your spouse. Also, it's more difficult to present your own testimony pro se, you won't necessarily know or figure out how to respond to objections, and you're likely to overlook facts and issues that an experienced lawyer would not miss.

[ProSeRespondent]

Thank you for the response.

I have no doubt the Court will have read the petition. My question is whether I can read the relevant content during cross examination-- as a framework?

As for my own testimony, I have very little to give, save the introduction of some additional evidence. In fact, if I could simply introduce the evidence, I would be satisfied with that, minus any testimony.

My problem is that I cannot see how authentication and foundation are accomplished when testifying on one's own behalf sans an attorney. My specific questions are: 1) May I lay foundation for my own evidence? And, 2) is the evidence presented during my own testimony or following?

Any follow up is much appreciated. Thanks again.