Too often, children are the victims of domestic violence and lack a voice to advocate on their behalf. In addition, introducing child statements in a civil hearing to prove the existence of domestic abuse can be challenging given the broad prohibition of introducing hearsay into the court record. Colorado, however, has enacted a statute that provides an additional exception to the hearsay rule to allow statements by children that relate to sexual assault or domestic abuse so long as certain requirements are met. 

Hearsay is any out of court statement that is asserted to prove the truth of the matter therein. Generally, hearsay statements are prohibited from being introduced as evidence as the opposing party lacks the ability to confront the declarant. Colorado Rules of Evidence provide a number of exceptions to the hearsay rule (for example: statements regarding a present sense impression; excited utterance; present mental, emotional or physical condition; and statements made for the purpose of medical diagnosis or treatment), but these exceptions are applied narrowly and often would exclude statements made by a child regarding abuse.

However, Colorado Revised Statute § 13-25-129 allows a party to a civil case to introduce out of court statements made by a child that is the subject of the action relevant to the proceeding. This statute only applies to statements that are not admissible under any other hearsay exceptions. If all of the statutory requirements are met, the statute allows for statements describing acts or attempted acts of sexual assault where the child is the victim, statements describing any act of child abuse where the child was the victim or the witness and is subject to a dependency and neglect proceeding, and statements made by children under the age of thirteen describing an act of domestic violence.

There are several factors that must be considered in determining whether the Child Hearsay Exception statute would apply in a given case. As such, it is important that parties who are dealing with allegations of domestic abuse consult with an attorney to determine what evidence they can present to the court to obtain the relief they (and their children) need. Our firm handles these types of issues daily, so contact us today if you have any questions or need any guidance on navigating these complicated evidentiary issues.