Unfortunately, sometimes the only witnesses to an act of domestic violence or abuse, besides the abuser and the victim, are the children. After a child is identified as a witness comes the question of whether the judge, hearing officer or special commissioner presiding over a domestic violence case will allow a child witness to testify.
In New Mexico, the Courts are incredibly reluctant to allow children to testify in any type of court proceeding. It is not typically in the best interests of the child to testify against one or the other parents.
As such, the Court may use a variety of methods to gather information from children short of in-court testimony including, but not limited to: safe house interviews; custody evaluators; counselors; court clinicians; in camera interviews, and, guardian ad litems. However, in some, very limited circumstances, the Courts may allow children to testify.
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