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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30384
Experience:  Attorney with experience in family law.
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I met a woman about a month ago and she told me that she had

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I met a woman about a month ago and she told me that she had a restraining order against her husband and that there marriage is failing. I just received a subpoena to testify on his behalf. Can I plead the 5th
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: He filed for divorce
JA: Anything else you want the lawyer to know before I connect you?
Customer: No


I'm Lucy, and I'd be happy to answer your questions today.

The Fifth Amendment gives people an absolute right not to incriminate themselves. It doesn't give a right to protect any third parties. Adultery is still illegal in Virginia, but even if you did have sex with her (which it doesn't sound like you did, from the question), it's only a crime for the married person - not the unmarried person. Code of Virginia, Section 18.2-365. That means, for you to plead the fifth, you would need to be married and you'd need to have had sex with her.

If the questioning veers into other territory where the answer requires you to admit committing some other crime, you can refuse to answer. Otherwise, if you don't answer questions, you could be held in contempt of court. The judge could order you to answer the questions and put you in jail if you refuse.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 2 months ago.
We did have sex a couple of times

Then you can refuse to answer on Fifth Amendment grounds if you are married.

Lucy, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
I am not married but she is. The subpoena is from her husband
Customer: replied 2 months ago.
How long before I receive a phone call

There were some issues with the phone call system early. You should hear from an expert shortly.

I'm aware that she's married and that her husband sent the subpoena. I'm saying that you can't refuse to answer questions, because you'd only be incriminating yourself if you were married.

Customer: replied 2 months ago.
I have to answer the questions then .

Unfortunately, yes.

You could tell her that you've got the subpoena so she can have her lawyer file a Motion to Quash it.

I have to sign off for the night. This can happen sometimes because we don't know how long customers will need to ask follow-ups. The expert that accepted your phone call request should be calling you shortly.