ENHANCING
JUDICIAL
FACT-FINDING
ABILITIES IN
FAMILY LAW CASES
If we miss the facts,
we miss the case
BIGGEST FACTOR IN GETTING
THE FACTS CORRECT…
THE JUDGE’S COMMITMENT
TO DO SO!
COURSE
DESCRIPTION
The courts determination of the accurate
facts and circumstances is essential in family
law matters. There are many enhancements
and impediments to an accurate
determination of what the circumstances
really are. This course will combine the issues
from the judicial standpoint, psychological
matters, and law enforcement fact finding
techniques to enhance judicial fact-finding
abilities in family law cases.
LEARNING
OUTCOMES
Identify impediments
to determining truth in
family court.
Identify enhancements
to determining truth in
family court.
Describe psychological
issues of fact finding in
family court cases.
Describe how law
enforcement fact
finding techniques can
be used in family court.
Identify ways to
improve skills to
overcome
impediments to
accurate fact finding.
Identify ways to
improve enhancements
to accurate fact
finding.
Describe the relevancy
of non-verbal
communication.
List strategies for
identifying personality
disorders and effect
upon testimony.
Describe cultural issues
that may affect fact
finding in domestic
cases.
Describe how power,
control, and violence
can affect testimony
and fact finding.
Describe the effects of
trauma on witness’s
testimony in domestic
cases.
List strategies useful
for avoiding
unconscious bias while
presiding on domestic
cases.
WELCOME
• Dr. Mitch Kroungold, Psychologist
• Dave Wawrzynski, Law Enforcement
• Judge Jack Helinger, Family Court System
• Judge Steve Berlin, Family Court System
Introductions
Morning
Judge Jack Helinger, Family Court System
Judge Steve Berlin, Family Court System
Dr. Mitch Kroungold, Psychologist
Dave Wawrzynski, Law Enforcement
Afternoon
Put knowledge to work
Scenario/experiments
Identify helpful collateral information
Competition: putting knowledge to work
Survey regarding the helpfulness of collateral information
Plan for the day
FA M I LY L AW
Judges are judge and jury.
If we miss the facts, we miss the case.
There can be huge consequences to parties and children if we don’t understand true facts.
We can perpetuate the trauma.
So, any case starts with the facts.
Courts/Law/Rules/Procedures are all designed to establish a credible/orderly/time efficient manner to
demonstrate the truth.
Sometimes these same things make it incredibly difficult for family law judges to accomplish this.
Ironical – the most important thing is done under rules/law/circumstances that sometimes impede
determining the truth.
The Truth!
EXERCISE
What do they mean?
SCENARIO 1:
DIVORCE
Father: “I love my children and just want to
spend time with them!”
Possible meanings?
Father loves his children and the most important
thing is being in their lives.
Father realizes he wasn't a very good father but
now he is very committed to his children.
Father despises mother and wants to hurt her in
the most effective way – children.
Father wants to reduce his child support
obligation.
Father doesn’t want to pay alimony – father wants
mother to get a job.
SCENARIO 2:
DIVORCE
Wife: “I love him. He’s a really good guy. I
provoked him.”
Possible meanings?
Wife realizing her issues. Accepting she has caused
problems and initiates arguments.
Wife grew up in an abusive household and
repeating being a victim.
Wife subservient to power/control guy
Wife is weak, afraid to be without husband. Will do
anything to get him back.
Husband is a good guy most of the time.
SCENARIO 3:
DVI
Male respondent: “if we could just sit
down and talk we could work this all
out”
Possible meanings?
Male and female have always been able to resolve
things.
Both equal, should be able to fairly resolve issues.
Male a power/control guy. He wants opportunity to
reach an agreement on his own terms.
The man is very frustrated he’s not getting his way
with females. If they could talk she would “see it
correctly” (his way).
Children witness and overhear domestic violence
and power/control issues.
SCENARIO 4:
PATERNITY
Father: “she runs around and
ignores our kids”
Possible meanings?
Mother unhappy and searching for happiness
elsewhere, struggling, and ignoring the kids.
Mother and father have a bad relationship, mother
does “other stuff”
Father very controlling, expects mother to be
totally dedicated to children.
Mother’s mind/attention elsewhere.
Mother a great mother, father “projecting” his
issues on mother.
Kids are adversely affected effected by
dysfunctional parents.
SCENARIO 5:
PATERNITY
Father: “she just doesn’t listen”
Possible meanings?
Mother doesn’t listen, just wants to do things her
own way
Mother so busy raising children, she forgets/not
focused at times.
Father is a power control guy, mother doesn’t
always do what father says
Father is “always right”
Kids witnessing parental conflict
SCENARIO 6:
DIVORCE
Wife: “I watched the kids, he
didn’t want me to work”
Possible meanings?
Family agreement that wife would be
housewife/homemaker
Wife wanted to be a stay-at-home mom, now she
blames the husband
Wife is lazy/unhappy, blames someone (husband)
Wife setting up an alimony claim
Wife is a “gold digger”
Children effected by roles/conflict of parents
Body language
Voice
Inflection
Advocacy?
WHAT HELPS
JUDGES
DETERMINE
TRUE FACTS?
Table Exercise
List court tools and
procedures that judges can
use to help determine true
facts.
WHAT HELPS
JUDGES
DETERMINE
TRUE FACTS?
Judge’s desire to figure out the truth
Oath
Evidence Code
Family Law Rules
Family Law Procedures
F.S. 90.615
Judge’s ability to ask questions
Judge’s ability to call witnesses
Evidence/Exhibits
i.e., texts, e-mails, communication apps, photos
FRP 12.407 – Children Testifying
Cross examination
Collateral evidence
Related cases
WHAT HELPS
JUDGES
DETERMINE
TRUE FACTS?
Cont.
Findings from prior hearings
Pleadings – motions
Judge’s notes
Case Management Conferences
Calendar management
Time scheduled for hearing
Courtroom set-up
Judge’s given a good seat
If Judge doesn’t hear/understand, then judge can ask
witness to repeat or explain.
Judge can continue or reset hearing for more information.
Drug/Alcohol testing and monitors.
Judge’s background
Ensuring the witness answers the questions being asked.
IMPEDIMENTS
AND
CHALLENGES
TO TRUTH
DETECTION
Table Exercise
List court tools and
procedures that hinder judges
in determining true facts.
IMPEDIMENTS
AND
CHALLENGES
TO TRUTH
DETECTION
Motivation to Lie, Omit, Exaggerate, Avoid
We don’t know the parties or witnesses
We don’t see or hear from the parties or witnesses for long
Most things are irrelevant
Limited time: busy calendar
Planned/prepped testimony; not spontaneous
We can’t interact with parties/witnesses
Leading questions
Courtroom/hearing set up
Rules of Evidence
Witnesses are not supposed to have narrative answers
Lack of corroborative information/materials
Important witnesses or evidence may not be presented or
admittable
We don’t know witnesses or parties psychological issues /
background / personality disorders
IMPEDIMENTS
AND
CHALLENGES TO
TRUTH
DETECTION
Cont.
Judges can’t be advocates
Judges can’t do independent investigation
Cases not presented in a logical / chronological / issue manner
Hearings not concluded, need to be reset
Interruptions
Other duties
Dual tasking
Listening, watching, reviewing evidence at the same time
Need to take notes for fact finding
Need for detailed fact finding can distract from determining
credibility
Limited background/training in trauma or psychological matters
Important historical matters often determined irrelevant
Judge’s background/bias/preconceptions
Witness doesn’t answer question asked
Impeachment with
Real Evidence
watch their expressions
Real Evidence
Impeachment
FAMILY
LAW
TOOLS
• F.S. § 90.615
• Case Management - FFRP 12.200
• Roll of Jud Ad 2.545
• GAL §61.401 – 61.405
• Parent Coordinators
• Social Investigations §61.20
• Related Family Case Rule
• Counseling
• Communication Apps
• Drug/Alcohol Tests/Monitors
• Family law guiding principles
• Good Attorneys
• Case Law
Use F.S. 90.615 Be psychological
Let parties revert to
their normal selves
Always figure out
the “why”
“Relax” the rules of
evidence
• Let witnesses repeat
narrative
Be a “trauma-
informed” judge
Understanding
Adverse Childhood
Experiences (ACEs)
Recognize the cases
that are a challenge
• Be a great judge on
those cases
Try to apply
therapeutic justice
Apply serenity
prayer when
necessary
Never be rushed
into a decision
Talk to your
colleagues
Don’t let attorneys
lead their own
clients/witnesses
Recognize how
important your job
is to people,
families, children
Use telephones to
call people
Watch the party(s)
for reactions
THINGS
HELPFUL TO
KNOW
ABOUT
PARTIES &
WITNESSES
Narcissist
Bipolar
Sociopath
Victim of abuse
Shy
Angry
Cultural issues
ACEs
Intelligence
Marginal
literacy
Rich
Poor
How Can We Be Better?
Each judge list 3 things you can do to enhance your fact-finding abilities
Each table list 5 things you suggest we can do better to enhance our fact-
finding abilities
At least 1 must be related to court proceedings, 1 must related to
psychological issues, and 1 must be related law enforcement truth
enhancement techniques.
