For added clarity, break down the events into a numbered sequence. If you want your character reference letter to address substance abuse or a similar issue, you might ask your sponsor or therapist. You will need to self-identify using your full Name and Residential Address in the upper left-hand corner of document you are working on. Stay away from vague statements such as "Dad is an actively involved parent." Legal Reader is devoted to protecting consumers. A witness statement is best described as a summary of the evidence to be given by a particular witness. If you have a friend or relative involved in a contested custody case, they may ask you for a character affidavit. It just means that you have to write down your oath and sign it to give credence to it. Your email address will not be published. Source of information. It can also help the opposing party. A witness statement may also be a valuable tool for refreshing the witnesss memory or for impeaching inaccurate or deceptive testimony given in court. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. If there is anything the Parent/Guardian is known for in his or her community that demonstrates his or her effectiveness as a positive force (i.e. For example: Begin the first paragraph with your name and profession. If you need support with writing your statement, please contact one of our solicitors on 020 3007 5500. Then describe your relation to the defendant or to the scene of the alleged crime. A formal statement may be referred to as an affidavit. Other relevant information or evidence can be added to it, or referenced by it, such as documents that corroborate the statement. The first of which will be a positive and clear identification of the author. endobj Nobody's perfect. You may also need a character reference letter if you have issues that can cause a parent to lose custody, such as a DUI conviction or criminal record. VAWA Witness Affidavits/Letters? - Legal Answers - Avvo At the center of the page, write the name of the case. Drop him a line if you like his writing, he loves hearing from his readers! At the center of the page, write the name of the case. To prevent your witness statement from getting lost in the shuffle, you should include the case number and name of the case, if known, toward the top of your statement. The statement must mention and clearly label the supporting evidence. It is also imperative that you indicate when this letter was written and submitted. Date- /xx/XXXX. (Date) To the Sentencing Judge, Your Honor, I have known (name) for (years) as (state relationship), and we have shared a close friendship through the years. Are you concerned about making a mistake on a witness statement? Witness statements are so important, as they can profoundly impact the outcome of a court case. "I thought" or "I believe"). There are a variety of different kinds of legal statements, such as a motion to dismiss a case, a character reference or a witness statement. Focus in the affidavit on observations you've made that tend to demonstrate your friend is not abusive to her child. It will make your affidavit more persuasive. You will be asked to read through the finished statement and sign it. Heading and salutation: Use business-letter formatting and include information required by the court, such as the case number. Make sure you're not being asked to say something that you don't believe or to testify to facts you haven't observed. Get up to $3,345 per month. Begin the first paragraph with your name and profession. Child Custody If you are in the midst of a custody battle or a general family hearing it would be advised to elect someone who has seen you with your children. The attorney representing the subject of this letter may have preferences regarding this so make sure to contact them. If the defendant took care of a sick relative or is a good provider, this information can be used. If it can be proven that you lied in an affidavit, you can be prosecuted for perjury. Supply your Full Name, your Residential Street Address, and your City, State, and Zip Code. Be specific. In this example, we shall assume a somewhat informal Subject line. Remember that writing a character reference makes you a witness in the case, so take your role and the letter seriously. In criminal cases, this is generally not allowed, as procedure dictates that witnesses . Keep in mind that court requirements and preferences vary. The statement of truth is vitally important to the statement. Similar to a declaration letter, it's a statement to the judge that supports a parent's requested custody arrangements. Ask the parent for whom you're writing the letter if this is necessary. The conclusion should summarize the purpose of the letter and he or she should write their contact information (phone and e-mail) in case the court should want to follow-up on any of the information suggested in the letter. When you write a statement, you sign a statement of truth. Heres How Filing for Bankruptcy May Affect Your Spouse, How To Find The Value Of Old Money Today (Bills, Notes, Currency). Instead of testifying in court, you would be writing down your testimony and signing it. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. By letting the judge know that you are aware of the charges committed by the defendant, it shows that you are still willing to write a good character witness statement for them. Many banks have a notary available to their customers for free. r%|8=I_~zvZKvb4 e,InaM=,S)shD:5WST&i#J1C}zl 52'og4cUf?~rrf?|}@IPa;`=xI),7|mgbqerQ5zk4{\'&FrxDdE1 &y2YqB'X`52?,b[(g4AKX{DV4N(2XX4Q:*"i8xr,~5~'1&2E.=|>/%_Aib}ZrF u{^F._vd.3z{VnY65?CV:"DPfI#*,^MGOA0 Witness statements can be tough, though. This article was written by Jennifer Mueller, JD. Be sure to choose someone who has known you for several years and who is credible in the eyes of the court. J.D. CTRL + SPACE for auto-complete. I'm writing this character witness letter for Miss Ashley Peterson who has been my office colleague for more than 3 years now. For instance, the Defendant could have had some extremely challenging hardships in his or her Professional or Personal life, such as the death of a family member he or she was close to. You can draft the affidavit yourself, or an attorney may want to do it for you. 4 0 obj An attorney might write have a statement written up and then ask the witness to sign it. Website by DogFish Design. A character reference letter gives the judge insight into the case by offering a third party's perspective on the parent's relationship with the child. Depending on who you are and how the court views you in consideration to the case it may or may not sway the Judge into using the letter in their final assessment. F{=ln\rhxD}> n[ lR j.h>sRY[deG&rTDNG\T2vgH>TIBF(,!YNBB7Gg5*2: Include your email address to get a message when this question is answered. This should be done in the upper left-hand corner of the page. A witness statement may also come in the form of a recorded statement, with the witness testifying to its accuracy on the recording. The letter is generally written by someone familiar with the person in terms of their experience, education, volunteering, employment, and contribution to society. You will need to identify the Defendant as the subject, report how you know the Defendant, and the length of time this relationship has existed. good place to start is by explaining your relationship to the person on whose behalf you are However, as a personal statement that describes what you saw and heard, you should write about it from the first-person perspective, using pronouns such as I and me. Remember that if you were to give this testimony in court, you would respond to questions posed to you by the attorneys and/or judge. Or if it is a child custody lawsuit it should have a family member write how much the kids mean to the recommended individual. By using our site, you agree to our. Open the letter with a Greeting to the recipient. This is typically written as the name of the claimant or plaintiff, identified as such, followed by the word "and," then the name of the defendant, identified as the defendant. The last paragraph should recapture your first statement and include your desire for this letter to be taken seriously.Finally, use a standard closing (i.e. This cookie is set by GDPR Cookie Consent plugin. 5+ Character Witness Letter Template - Format, Sample & Example A good character witness statement should be written professionally as it will be reviewed by a judge. Writing a witness statement can be daunting as you want to ensure its written correctly. 1 0 obj The cookie is used to store the user consent for the cookies in the category "Performance". Identify if you have any medical conditions that may affect your ability to remember things. The letters are typically optional, but one can go a long way in helping the judge understand you and your parenting. endobj These are the people who can write a character letter for you which you can present at your next company or in matters of the judiciary. ), then mention this as well. In some cases, the Defendants DUI Attorney may wish to include a Subject Line with the Case Number or to exclude the subject altogether. You should also indicate that you know the type of charges that the defendant has committed. This recent article outlines how you can write your statement in four simple stages. You can draft the affidavit yourself, or an attorney may want to do it for you. Skip two lines after your Name and Address then, enter the current date. %PDF-1.5 In our example, we shall use the Full Name. When parents can't agree on custody, a judge (or other court official, such as a magistrate) decides the custody orders. Keep in mind, this portion of the letter can be as long as you like. Nothing ends well when you start out like that. How to Write a Character Affidavit for Child Custody - WikiHow It will be important to keep in mind that you may need to sign further documentation or even give a physical testimony in court as to this letters authenticity. This firm does not accept service by email. References. Character Reference Letter (for Court) Template - Samples - eForms You make your written witness statement under penalty of perjury, just as you would if you were to give oral testimony. Please note: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Next, check to see if your state provides an affidavit form, which can be used as a template for your letter. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in. Its important to be specific and point out how incarceration will affect the defendants family, employment and future life. Tell the judge who you are writing the letter for. If there is other supporting information that portrays the defendant in a positive way, you should include this in another paragraph. Clearly state your overall assessment of the parent's character and parenting, and finish the introduction with a statement in support of the parent's custody requests. These cookies ensure basic functionalities and security features of the website, anonymously. @Grivusangel -- "Dippety Doo." endobj Begin the document by writing the full legal name, complete address, and the occupation of the witness giving the statement. We take pride in exposing the hypocrisy of corporations, other organizations, and individuals whose actions put innocent people in harms way. Under this title, you should include the following details: When making a witness statement, the second stage is to include your details. Doing so will lend authenticity to your statement. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Witness statements are usually taken fairly soon after the event, so they're interesting because the witness hasn't had time to "get his story straight," or sufficiently alter his statement to deflect any blame from himself. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that . x[onqzE,/=`{)p=EpPz[gHI*r7/nn5{{~C}CfV]_syzY Victim impact statements provide an opportunity for panel members to understand how this crime has affected you, your family, and those close to you. The statement must mention and clearly label the supporting evidence. Be cautious of citing facts that might not be seen as demonstrating good moral character. This cookie is set by GDPR Cookie Consent plugin. Skip two lines after your Name and Address then, enter the current date. Since, the recipient has no idea what kind of person the Defendant is outside of this case, we will need to paint a fuller picture. In criminal cases, this is generally not allowed, as procedure dictates that witnesses can and should be cross-examined. <> It is also a good idea to mention any relevant the conversations you may have had with the Defendant regarding this turn of events. n*fn"dth#2PAe0(v>>!&tH;9*C&; $?iPepLD1K"\gCGDY4:{0PP]{XUm@h: /irEk0g V?DF0,{0fc`w) s>aWE!^v x . Because a court proceeding is formal, you may be tempted to describe the event in writing from a third-person point of view. Include Your Credentials In this context, "credentials" refers to the reason that you have been asked to give testimony. A character reference letter to the court can be an important part of a disputed custody case. For example, if custody is contested because one parent claims the other is an alcoholic, any information included in your affidavit should focus on that issue. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The letter should be a simple 1-page document stating your experience with the recommended individual as well as why you feel the need to provide this reference. Do not write about events that you did not directly see, hear or otherwise perceive yourself. "The article uses simple wording and tremendous basic steps, in short, teaches at any level comprehension.". They're made by witnesses to: set out evidence to prove the facts alleged by a party in the particulars of claim, defence or other statement of case in civil disputes, satisfy the burden of proof, which is on the balance of probabilities . Analytical cookies are used to understand how visitors interact with the website. <>>> Witness statement header The statement must be headed 'Witness statement'. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. Therefore, describe what you witnessed in as much detail as possible while remaining factual. How To Write a Statement (Plus Types and Examples) - Indeed Use a previously filed document in the case as a guide for how to format the title, as document-formatting preferences differ from one court to the next. Share this article with them, along with its downloadable example and template. If this letter is written for a Defendant who is awaiting sentencing, this will be especially important. Under that, type your name, address, telephone number, and email address. In some cases, the witnesses may simply be asked to write out their version of events in their own words, sign the statement, date it, and most likely have it notarized. The exact format and space needed for a notary block vary from state to state. In writing your witness statement, write one sentence per paragraph. Since an attorney has drafted your affidavit, s/he probably will provide a notary public and arrange for you to sign your affidavit, usually in the attorney's office. An application number and, if applicable, the opposition/cancellation number, The name of the applicant/proprietor that the application is looking to support, The name of the defendant/applicant for cancellation (if applicable). The Greeting should be placed two lines below the Subject Line above. I, Erich Johansson of Unit 12/5 Example Street, Redfern, NSW 2016 and Storeperson state: have numbered paragraphs.