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My partner put a temporary restraining order on my soon to…

My partner put a...

My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don’t have a lawyer I had an adulterous affair. What is my rights? Can I plead the 5 th ammendment?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Nh

Lawyer's Assistant: Has anything been filed or reported?

Divorce papers filed, two restraining orders against him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My divorce isn’t finalized , and the hearing is about another persons restraining order

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Answered in 1 minute by:
1/17/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 2,778
Experience: Managing Attorney at Nisha Jones Law, LLC
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The answer to your question is yes you can plead the 5th.

Your 5th Amendment right against self-incrimination applies to civil hearings such as this as well, not just to criminal hearings.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 2,778
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Customer reply replied 4 months ago
if I plead the fifth , I won’t have to answer any questions

Yes, that's correct.

Pleading the 5th protects you from being compelled to testify, on the basis that your testimony would be self- incriminating.

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Nisha Jones
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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).

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