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My wife gave false statement to get a temp restraining order

for her and are kids...
My wife gave false statement to get a temp restraining order for her and are kids. She even ask the police not to arrested me and she didn't feel threatend but her mom works in the court hous as a victim-witness and scared her in to doing this so could my four year old testify on my behalf also is it a conflict of interest with her moms job
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Answered in 7 minutes by:
4/25/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you this morning.

To answer your question directly, a four year old is very unlikely to be made to testify. The reason is because the child is likely too young and not mature enough to honestly comment upon what took place at the event. At most what a judge may do is take the child in private into her chambers and attempt to ascertain and question the child to see if the child is mature enough to respond. I have almost never seen 4 years old deemed developed enough to comment.

As for a 'conflict of interest', there is absolutely no conflict here--her mother is not the judge and is not in any way directly involved with the case. Just because her mother may work at the courthouse does not directly follow that a judge is going to be somehow unfair or biased against you. You could potentially seek a different venue but it is unlikely that one would be granted to you.

Good luck and please let me know if there is anything else I can answer for you. Thank you!

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Customer reply replied 4 years ago
My mother inlaw is derictly involved she does all the DV cases. Did you read the extra info I put in?
Customer reply replied 4 years ago


My mother inlaw is derictly involved she does all the DV cases. Did you read the extra info I put in?

Ryan,

My apologies but there was no additional information provided, it simply stated that she worked at the courthouse. Kindly do not rate my answer as 'poor' when the full facts are not provided to me, or you purely disagree with my response as you were hoping for a different answer. That is frankly unfair to me as I am attempting to assist you directly from the facts that were provided.

In any case the information provided does not change my answer in this case--the mother is not the judge and is not acting as a witness or a party to the case. Her knowing the judge does not directly mean or entail that the judge is biased against you or your claim. There is no 'conflict of interest', not directly, although you can ask the judge before the hearing is held, as to whether or not she knows the mother and whether she is aware that this case revolves around her daughter. if she answers in the affirmative, then you can ask her to recuse herself from the proceedings on grounds of potential bias. Otherwise there is not enough here to claim that the judge will not fairly or impartially review the case.

Take care.

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
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Customer reply replied 4 years ago
Sorry for earlier is been a hard week if you respond I can leave a tip I spent 4 days in county jail and my mother in law is the victim-witness at this court house and she advised my wife/her dotter to get a temp restraining order agents me and are kids. She put the fear in my wife to do so. Is this a conflict of interest can I get some one else like from another county? Also my wife told police that she wanted me not to be arrested she wanted me to come home. I stood In her way so she tryed to beet the crap out of me in front of are 4 year old and 2 year old kids so I bear hugged her and took her in another room and shut the door so she could calm down away from the kids after she didn't me and my 4 year old left the house she ran after use and begged use to stay but I took my baby girl to my moms so we could all cool off and that is when I got arrested. Had pretrial and no order we given untell two Hr later Help me do I have a leg to stand on. Go to court on 5-3-2013 she doesn't want a divorce but every thing her mom told her to wright down is a lie like I have a drug problem and that I have mental problems. Any help would be good. P.s. I don't want a divorce ether been marred for 12 years and this was are fist big fight.

Thank you for your follow-up, Ryan. It is not an issue, I did not take it personally as I absolutely realize that this has not been a very easy time for you at all. To ensure I do not miss anything, I will go line by line with your response.

Sorry for earlier is been a hard week if you respond I can leave a tip I spent 4 days in county jail and my mother in law is the victim-witness at this court house and she advised my wife/her dotter to get a temp restraining order agents me and are kids.
That is her right to do--it is really up to your wife as to whether to listen and to file or not to pursue this against you.

She put the fear in my wife to do so. Is this a conflict of interest can I get some one else like from another county?
This is not a conflict of interest. Your mother-in-law is not a judge, she simply advised your wife of her potential options which your wife chose to pursue. You can ask the judge, as I explained above, to potentially recuse themselves if they are familiar with the family and the back-story, but otherwise the courts would likely not deem this as a bias claims.

Also my wife told police that she wanted me not to be arrested she wanted me to come home.
Your wife cannot order the police to not arrest you. In cases of domestic violence wherethere are potential physical signs of an asault, the police have no legal option and no choice but formally arrest and take the person into custody.

I stood In her way so she tryed to beet the crap out of me in front of are 4 year old and 2 year old kids so I bear hugged her and took her in another room and shut the door so she could calm down away from the kids after she didn't me and my 4 year old left the house she ran after use and begged use to stay but I took my baby girl to my moms so we could all cool off and that is when I got arrested. Had pretrial and no order we given untell two Hr later Help me do I have a leg to stand on.
You may want to consider focusing on your own injuries and having pictures made so that the wounds can be shown as defensive in nature. In this case a counter petition against her for domestic violence may be a wise option. I would also suggest retaining counsel if at all possible--consider browsing the listings at www.avvo.com and www.martindale.com for local help who may be able to assist.

Go to court on 5-3-2013 she doesn't want a divorce but every thing her mom told her to wright down is a lie like I have a drug problem and that I have mental problems. Any help would be good. P.s. I don't want a divorce ether been marred for 12 years and this was are fist big fight.
If she hasn't filed against you for divorce, then that is not yet an issue. In terms of a mental health concern, you may want to consider seeking a professional and the having that professional testify on your behalf pertaining to your mental health and stability. But retaining your own counsel is really key in this instance.

Good luck.

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