Anytime there is a contested hearing in a Texas Family Law case, witness testimony is not only helpful but can be what decides a case.

When it comes to choosing who would be a good witness for your case, the first thing to consider is whether there is a time limit for the hearing. For example, a temporary orders hearing in Dallas is usually limited to thirty minutes or less per side. Thirty minutes is a very short amount of time to put on all the evidence you may need. Therefore, it is necessary to plan accordingly and make sure the necessary testimony from each witness is set forth in those time constraints.

The second consideration when it comes to choosing a good witness for your case is the type of testimony that will come from that witness. I advise my clients that unbiased witnesses are the best. Unbiased witnesses are not related to or friends with either litigant. Examples of unbiased witnesses are neighbors, teachers, and police officers. Additionally, testimony of a witness generally needs to be about recent events. For example, a teacher testifying about your child’s behavior in school six weeks ago is much more relevant than a teacher testifying as to your child’s behavior two years ago when your child was in that teacher’s class.

Provide your attorney with a list of each and every witness that you think may aid you in the hearing. Then discuss with your attorney why you think that witness will be beneficial to the hearing. Your attorney’s role is to evaluate each witness and advise you as to the necessity of the witness’ testimony.
 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.