A witness is someone who gives testimony in a legal proceeding under oath or affirmation to tell the truth. A fact witness describes what they personally saw, heard, or otherwise know. An expert witness uses specialized knowledge or experience to help explain an issue.

In California Family Law

Witnesses help the judge resolve disputed facts about parenting, finances, property, or domestic violence. A spouse or parent can also be a witness in their own case.

For example, someone present during a disputed custody exchange may describe what happened. Another witness may describe hearing one parent threaten the other. An appraiser may give an expert opinion about the value of the family home. The judge considers the testimony along with other evidence when deciding the case.

Children may also give testimony, but special rules govern their participation and protect their interests.