How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry Esquire Your Own Question

Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37595
Experience:  I provide general practice and mediation & arbitration services to my clients.
18572087
Type Your Criminal Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

Background I married my wife 2 years ago. I have a 10 year

Resolved Question:

Background:
I married my wife 2 years ago. I have a 10 year old son from my previous marriage. She has a 4 year old son from previous marriage. I visit my son every weekend (he lives with his mom in different city).
My wife has a Narcissistic Personality Disorder (Similar to Psycopath)
I am going to divorce my wife and she is planning full scale repenge due to her mentall illness.
What happened:
On one of my visits to my son my wife wanted to come with me (she took her son with her).
We had a great time (except my wife was some kind of secretive).
In the evening, I needed to drop off my son and his friend at my son's place.
Just about two minutes away my wife said she forgot something at the playground we visited earlier. She stepped out and I decided to drop off my son's friend. I came back about 3 minuts later and found my wife sitting on the ground. I asked her to get in the car. She laid on the ground (she looked totally normal). She asked to call 911 and told me that I kidnapped her child. After that she pretended she lost contiousness (my 10 year old was next to me). My son got really scared. I saw that my wife was playing and asked her to stop. After my son got really histerical she got up and went to the car.
Only later did I realise that she has done her job - to accuse me later in the court of domestic violence.
Question: She would want my son and his friend to testify of what they saw. Can she do that ligally? (She would lie if needed to get her job done)
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 3 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 3 years ago.
Yes - I understand that and agree
Expert:  Dimitry Esquire replied 3 years ago.
Thank you very much for agreeing.

Oh my goodness, that is absolutely horrible. Did the police actually come?
Customer: replied 3 years ago.
No - I did not call - it was obvious for me that she was faking it
Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

Then it becomes your word against hers. The courts tend to hesitate before putting up a 10 year old to testify, as there is too much possibility that the child would be tainted and unable to correctly interpret what he saw. Such a risk exists, but it is very, very unlikely that the courts will want to speak to the minor. In either case, if they wish to do so, your attorney (or yourself), would have to make the argument akin to the one I wrote here, about the child being too young to properly understand and disseminate information.

So while she can still pursue you for domestic violence, and try to lie, her chances are slim. That is because the police were not called, and the judge will usually not wish to speak to the child in this situation.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 4:26 PM EST
Customer: replied 3 years ago.

I heared that children usually are not called to the court - but testified in a closed room outside the court on or before the court date.

I also heared that children can not testify against their parents - is this right?

Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

The first is generally correct. If the judge feels that the child does have some useful information, the judge will take the child in a closed session and question the child without parents or attorneys present.

In terms of the second issue, that is absolutely NOT true. Children do not have limitations, and can most definitely testify against their parents. This most often happens in physical and sexual assault situations where the judge deems the child's testimony to be valid and the child to be competent and aware enough to make comments.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 4:45 PM EST
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37595
Experience: I provide general practice and mediation & arbitration services to my clients.
Dimitry Esquire and 11 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.