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: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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:

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: 6 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 6 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 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's disclaimer?


Dimitry Alexander Kaplun, Esq.

Customer: replied 6 years ago.
Yes - I understand that and agree
Expert:  Dimitry Esquire replied 6 years ago.
Thank you very much for agreeing.

Oh my goodness, that is absolutely horrible. Did the police actually come?
Customer: replied 6 years ago.
No - I did not call - it was obvious for me that she was faking it
Expert:  Dimitry Esquire replied 6 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 6 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 6 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 and 3 other Criminal Law Specialists are ready to help you