Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My minor child received a subpoena to testify as a witness…

My minor child received...

My minor child received a subpoena to testify as a witness at her father's trial today. Previously we had received summonses and I spoke with the district attorney's office. Her presence will be harmful to her mental health. She made a suicide attempt last summer following the incident her father is being charged with. Her therapist, physician, school guidance counselor all agree that she is not mentally stable enough to handle this without causing her harm. The district attorney granted permission for her not to appear the previous 4 times we were summoned; however now with a subpoena I understand she has to attend? What can I do to protect her?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I didn't know what to do as I just received the subpoena Friday. I didn't realize it was different from the previous summons until I looked closely at it yesterday. I have been searching online for information and have find nothing that applies

Lawyer's Assistant: Family law varies by state. What state are you in?

Massachusetts

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

I don't believe so

Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
4/3/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the district attorney issued the subpoena, you can try contacting them and seeing it was issued by mistake or if you can get something in writing stating that they agree to cancel it. Otherwise, you can file a Motion to Quash the subpoena. That's ordinarily done in a written motion, but if the trial is today, you'd have to go to court with your daughter and make the motion orally. Your daughter can sit outside the courtroom until the judge rules. That way, she's there if he denies the request and you won't get in trouble, but she's more protected from what's happening inside the courtroom.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Legal Question
Customer reply replied 4 months ago
I read a lot about motions to quash; however everything I read said an attorney has to file it and they mostly pertained to documents. Is there a specific form I need to use it can I just say that is what I want to do and explain why to the judge?
Customer reply replied 4 months ago
Just read the subpoena again.. It was issued by my ex husbands attorney

That's too bad, because it means the district attorney probably won't be able to help you. But you don't need a lawyer to file anything in court. Our system is based on the idea of open access, and you don't get open access if you need to have enough money to pay someone to file for you.

They are more commonly used for documents, but can be used to quash any subpoena.

Ask Your Own Legal Question

This sample might help with formatting. The arguments are going to be specific to your daughter.

https://ipswichtrust.files.wordpress.com/2012/01/probate-lnlac-110609-motion-to-quash.pdf

Ask Your Own Legal Question
Customer reply replied 4 months ago
I'm sorry.. Just to clarify, I don't need a specific form? Can I just request this when I check in at the DA's office? And thank you so much

The courts unfortunately don't make a specific form. The district attorney most likely isn't going to be able to give you anything. You can try calling them before you go in. If the DA also doesn't want your daughter to testify, they might help, but they don't have to because they don't represent you. This is something you'd usually draft and file yourself.

With the trial today, you'd give it to the clerk of the court when you arrive at the courthouse, with copies to the DA and the defense attorney.

Ask Your Own Legal Question

If you just got the subpoena, you can use the late delivery as another reason to quash it.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Ok thank you. That motion uses a lot of language I unfortunately don't completely understand, nor does it apply to my situation. I'm wondering if I just write a letter requesting the motion be quashed and giving my reasons, if that would suffice

Like I said, that's a sample to show you formatting only. Anything you submit to the court should be in the form of a motion.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Ok thank you

You're welcome. Call the DA, just in case they can help. Good luck today.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. 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:

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

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a Hypothetical Scenario I need an answer to. I just
Good evening I have a Hypothetical Scenario I need an answer to. I just need to know the LEGAL standpoint on this not ethical thank you! ***** A therapist has a 22 year old female patient. The patient… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,206 satisfied customers
I am a Licensed Mental Health Counselor and I have receive a
I am a Licensed Mental Health Counselor and I have receive a subpoena by my client's lawyers in a family counseling case where I am the counselor to all parties to I have to go? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,412 satisfied customers
Are you located in Colorado? Who would I report it to? i
no, who would I report it to? i called a crisis line to talk to, and i NEVER said I would harm my self, and ended up locked in a mental health hospital againt my will. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I'm a professional counselor. Last month a 14 year old girl
I'm a professional counselor. Last month a 14 year old girl who I'd seen once before showed up wanting to see a female therapist. I told her "let's go to the front desk to get you reassigned". She sai… read more
Bill Attorney
Bill Attorney
law
2,816 satisfied customers
I need sight a lawyer to force a police officer testimony in
I need sight a lawyer to force a police officer testimony in court … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
I have a close family friend that made a suicide attempt
Hi, I have a close family friend that made a suicide attempt last week. I really think it was more of a cry for help and attention. The day after the attempt her father convinced her to go to a mental… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
Does it cost money to get a question answered? WA, Yes, I
Hi, does it cost money to get a question answered? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Three's an adult - a mom of classmate of my daughter - who
Hi - three's an adult - a mom of classmate of my daughter - who stares at her when she's outside playing. Sometimes it's another adult in the home as well. Our kids have an on-going conflict at school… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My daughter and her ex-boyfriend attended a charter school
My daughter and her ex-boyfriend attended a charter school for autism last yr. He graduated last year and she became a super senior... She became pregnant before school ended by him and this past summ… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My daughter is 8 years old and has been in therapy in regard
My daughter is 8 years old and has been in therapy in regard to newly diagnosed ADHD. In doing so, issues have arisen regarding the stresses and anxiety she experiences due to the divorce between her … read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
Can an ARNP with no special training in psychiatry Baker Act
Can an ARNP with no special training in psychiatry Baker Act a person of normal intellect, who stated clearly at the beginning of the interview that she would never commit suicide because she couldn't… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a Marriage and Family Therapist in California. Several
I am a Marriage and Family Therapist in California. Several months ago a client of mine committed suicide. Her husband is now calling me because he wants "closure". He was not my client. I told him I … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
In case it matters, and Im sure it does, Im in MA. A friend
In case it matters, and I'm sure it does, I'm in MA. A friend of mine took about 30 Excedrin on Thursday (I won't go into why she did this, let's just say extreme stress and alcohol were involved). Sh… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
to Socrateaser Good morning, Wow. U tend to stay up late
to Socrateaser Good morning, Wow. U tend to stay up late /get up early lk some kind of a leader (!?) Q.: In informal discovery, I mean my informal investigation, defendants gave me what they called th… read more
socrateaser
socrateaser
1,031 satisfied customers
i am on social security disability...will start rec. medicare
i am on social security disability...will start rec. medicare sept 1, 2011. received disability for wegeners granulomatosis and copd. I also have been diagnosed with major depressive disorder (started… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
MY 17 Y OLD DAUGHTER WENOUTBACK IN LEHI AND TOLD A COUNSELOR
MY 17 Y OLD DAUGHTER WENOUTBACK IN LEHI AND TOLD A COUNSELOR SHE WAS RAPED AND NEVER TOLD POLICE OR GAVE HER ANY THERAPY WORST PART IS SHES UPSET THE THERAPIST/COUNSELOR QUIT AND NOTHING WAS EVER SAID… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I recently requested a copy of my therapists notes that she
I recently requested a copy of my therapist's notes that she kept while treating me for the past 6 months. Reluctantly, she agreed to meet with me so I could read them in her presence. Now she has can… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Can a hospital in NM release a patient to the street if
We have a alcoholic friend who was brought to Lovelace hospital 11 days ago. He went into detox and has now completed a course of treatment. He is not currently coherent as he is still under an anti-a… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 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