Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Mother claims Father shoved her. Calls 911. Father arrested

Customer Question
and charged with spousal abuse...
Mother claims Father shoved her. Calls 911. Father arrested and charged with spousal abuse. Father says did not shove. 17 year old daughter also in room sees that there is no contact. Daughter willing to testify thru a deposition that nothing happened. Father lawyer says not necessary, can use that testimony in the divorce part of proceeding. Should the deposition have been taken or is the lawyer correct that it is not needed?
Submitted: 4 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
6/25/2013
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 4 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
Good morning,

I'm Doug, and I'm very sorry to hear of your situation family's situation. My goal is to provide you with excellent service today.

Depositions are only necessary for the preservation of testimony, and when you have a friendly witness---one on your side, as an attorney you generally do not take their deposition. In this case your sister is a favorable witness for your father and taking her deposition would give the prosecutor/the other side two opportunities at questioning her under oath---one in the deposition, and a second at a trial if that comes to pass.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own Family Law Question
Customer reply replied 4 years ago

I understand what you are saying but "friendly" witness could be temporary. The couple is separated and all 3 children live at the home and the daughter potentially could change her testimony at the trial scheduled in a few months. The Mother is manipulating the children but the daughter so far has stood strong. The fear may be that she will change her testimony. If she did change her testimony and nothing has been executed via deposition, wouldn't that hurt the Father's case with no prior testimony on record?

Family Lawyer: LawTalk, Attorney and Counselor at Law replied 4 years ago

Good morning,

Yes, that is a possibility, and it that is the case then her testimony would want to be preserved at least through an affidavit, if not actual deposition testimony. In an affidavit, there is no cross examination of the witness either, and the affidavit can be used to cross examine the witness if their change their story.

Another possible issue, and you don't say whether the lawyer is representing the father for the divorce or the criminal charge---but if only for the divorce, the divorce attorney does not want to become involved in defending the criminal claim, and would therefor balk at any demand to take a deposition specifically directed at the defense of the criminal charges---when it would have virtually no impact on anything in the divorce.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Ask Your Own Family Law Question
Customer reply replied 4 years ago

The lawyer at this time is representing both the divorce and the criminal charge.

Family Lawyer: LawTalk, Attorney and Counselor at Law replied 4 years ago
That is extremely unusual for an attorney to handle criminal defense and family law.

Based on what you say, if I were your father, I would demand that my attorney either take a deposition of the sister or at a bare minimum get a satisfactory affidavit from them, under oath to preserve the evidence---or at leas to prevent her from changing her testimony.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own Family Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,857 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a family law question. Pennsylvania. I'm in the
I have a family law question JA: What state are you in? It matters because laws vary by location. Customer: Pennsylvania JA: Has anything been filed or reported? Customer: I'm in the process of filing… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
What is evidentiary declarations in a family law ex parte.
What is evidentiary declarations in a family law ex parte … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I need a good family law lawyer for a divorce/custody case.
I need a good family law lawyer for a divorce/custody case. What is a typical retainer and typical cost overall? Are there any lawyers that will allow payments over time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about family law. I have been divorced for
Hello, I have a question about family law. I have been divorced for 7 yrs and my children are 22 and 18. My ex is threating to take me back to court for child support. He was order to pay me at the ti… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Family law Arizona. Divorce. AZ, sure, Sure. I left the
Sure. I left the country then my wife attorney recused herself then my wife left the country . Now I still want this divorce. How can I get it and of course without comiting to anything.… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Have question re: family law in WI, Post divorce matter!
It's regarding a contempt judgement following the divorce… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x