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My husband was arrested on a domestic abuse (terrostic

threat misdemeanor). His daughter, from...
My husband was arrested on a domestic abuse (terrostic threat misdemeanor). His daughter, from another woman, knew of some of the arguments that happened around his daughter. For about 4 years. She is 10 now. After he was arrested i called her and told her what happened because his daughter was close to me.
After a few weeks I quit talking to her. After the protective order was lifted he came by to getsome things and also brought his daughter. Even though the ex was not happy, my husband and her had a conversation about the daughter being safe and ok. He brought her here a couple of times since. Christmas, she sent the daughter with a phone watch. She just told my husband it was a toy, but could call the mom and stepdad. Then the daughter constantly stayed on it the first night, crying for her mom. She never did that before. Long story short, i made her leave it here when we went places. The mom got ticked and now says she is going to get an attorney to keep her from here because i might hurt her. (Which I have never had any cross words with. I was close to his daughter). Can she subpoena me to work against him?He still has the case ongoing with DA reharding me. We are in the process of divorcing, but wished to remain friends .
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Answered in 29 minutes by:
12/30/2016
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 28,706
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

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Customer reply replied 1 year ago
Ok

If she is looking to bring a case against you, you would be the defendant. She can have you charged with endangerment if she can convince the police that you took steps to put her daughter in danger. Alternatively, she can try to sue you.

I'm not quite sure, however, why she'd subpoena you to work against your husband, if she is bringing an action against you and not him. If you took the stand in your own defense, her lawyer could ask you about things your husband did if relevant to the case.

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Customer reply replied 1 year ago
I guess I am tryi g to see how much trouble she could cause. She and I have never had words of concern about harm. I am pretty close to the daughter. Butvif she manipulated the daughters head, what would she possibly sue me for? She got mad because I wouldnt let the daughter take the watch to track her location.
My husband, well she is the type that would call the DA just to cause trouble. Can she keep him from bringing the daughter here with me around because my husband has a charge?

I don't see anything she can sue you for. Making the child take off the watch is not a criminal offense. What she can do is to go to family court and try to use the court case to show your home is unstable and to change whatever custody arrangements are presently in place.

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Customer reply replied 1 year ago
Just arguments happened, no physical stuff. Would she have enough to go on by just arguing in past?

He's got an open criminal case. If he's convicted, she may have something to go on. That would be up to a family court judge.

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Customer reply replied 1 year ago
Lasts question, can she subpoena me to testify against him if I am still married to him

I don't see what she can sue either of you for. All I see that she might be able to do is to go into family court and modify custody.

He's got an open criminal case. If he's convicted, she may have something to go on. That would be up to a family court judge. She would have to try to paint a picture of an unsafe environment. You and your husband would get an opportunity to refute that. She wouldn't have to subpoena you. You would both be defendants.

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Customer reply replied 1 year ago
If i am a defendant here, and dont get an attorney, meaning i cant afford one, will that make her case stronger?

You don't need a lawyer in family court, but it's always better to have a lawyer than to handle your own case. If you don't have one, it doesn't make her case better. But if she has a lawyer and you don't, she would have an edge. Lawyers make more organized and better arguments and can also use their knowledge of the law to keep some of the opposing party's evidence from getting before the judge.

In cases involving custody, you may be entitled to a free lawyer.

Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 28,706
Experience: 18 years of litigation experience.
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Customer reply replied 1 year ago
Thank you

You're very welcome.

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