Sunday, October 12, 2014

Witness / Subpoena / Testimony / Do not want to testify / Do not want to be a witness / Protective Order / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  What should I do - I've been called as a witness to domestic violence between my parents.  I'm over 18 years old and have been called as a witness to domestic abuse that has been going on between my father and mother and now have been called to court to testify against my father. I love the both of them and want to stand up for my mother but I also do not want to put my father in jail - (he has previous convictions) - on the other hand, I don't want him to get away with it because he will be laughing all the way to the pub. What should I do? What will it be like in court? will they just ask me what I said in my statement or can I just say I do not want to testify?


Michael Adam Haber


Contributor Level 20
Answered It sucks that you are caught up in the middle of your parent's crap.

While you can be subpoenaed, and even compelled to offer truthful testimony, you do not have to sit back and allow yourself to be bullied by anyone, including the State Attorney.

You have rights and can, at a minimum, seek a protective order to preclude your being called as a witness in your parents' case.

In the end, if you are still compelled to appear then, with a little creative coaching, you can make it very difficult indeed on the party that insists upon calling you as a witness against your will.

If you feel strongly enough about this then consult with a local 407 area criminal defense lawyer and ask them to serve as your personal advocate. A skilled and experienced lawyer may be able to convince the relevant parties that you are better left out of the mix.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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