SURE if it is a criminal matter, in most states, then they can be compelled to testify in court, if a criminal action is brought against a 'mom' or parent, by the local prosecuting authority, as in disctrict attorneys and such....Now as a practical matter...when a 'significant' witness is a child and his testimony is against a parent, the age of the witness, the testimony of the child, facts, facts, and preferabally lots of horible facts against the parent are available elsewhere. It is helpful to have a seriously damaged physicall and emotionallly, seriouly hurt child who really draws world, not just jury sympathy AND with a lot of expert witnesses in rare agreement well supported by really good investigation and interviews, and impecable credentials. Lord alone knows what other factors are taken into consideration and must be taken into consideration by the prosecuting attorney before even thinking about putting a child on the witness stand to testify against a parent.
Now for the practical:
to prosecuting attorneys. don't do it unless you got job security, independent wealth and a really impressive case in which plea negotiations simply fell away, and then you really need to think about why the negotiation was not unsucessful.
Of course, it's always the prosecuting attorney's call....same as any legal action: the lawyers decide who the witnesses are going to be.
Regreatfully, even really great facts, with a a seriously damaged child whose wounds are showing in the courtroom dispite objections and probabale appeal, the testimony of children is not USUALLY a good idea.
Children are testimonial mine fields. None the less they are great ways to end a career and work on the other side of the street.
The following has simply not been my experience.
SOMEONE ELSE SAID:
no, they do not have to tesify against a family member BUT they themselves can still be in trouble for hidding information.
a child is required to testify if they are called to court. A jusband and wife do not have to testify against each other, but there is no corresponding legal prohibition against childrem doing so. Most of the time MINOR children are not placed on the stand
No. Unlike with spouses, there is no privilege between a mother and child. If the daughter is subpoenaed to testify, she must tell the whole truth.
However, most courts have policy preferences against bringing children in as witnesses, especially against a parent. The court has an interest in protecting a minor child, and it is unlikely that a minor child is going to present convincing evidence against a parent anyway. Therefore, if the child is a minor, it is unlikely that she will be subpoenaed.
Yes, she can. She can also go to prison for obstruction of justice.
No. The 5th amendment to the Constitution protects you from SELF incrimination. It does not give you the right to not testify against someone else.
yes. you have right 2 exercise your 5th amendment, but as always, there are repercussions
Yes.
Yes, that is child abuse and the children will be placed in foster care while she serves time.
mamee
Yes, it is against the law.
A minor child is anyone under the age of 18. The considerations of a child of 17 would be quite different than for a child of five. The circumstances matter a great deal, too. Rarely are children involved in court proceedings. If a child is brought in to testify, the court tries to get some assurances that the child understands the difference between fact and fiction, truth and a lie.
If the child is under 18, the mother is still responsible for their well being. She has the right to tell the child what to do, and where to go. Just to keep peace in the home, the mother can compromise at times and give the child some independance to prepare it for years to come.
If the daughter's ex husband is suing her for full custody and his attorney has subpoenaed her mother as a witness in the case, she has to tell the truth to any and all questions asked, regardless of whether it's her attorney or the child's father's attorney asking the questions. So if any of the answers are answers 'against' the daughter, then the answer would be yes, the mother does have to testify.
If you testify against, you argue against them.. If you testify for then, you agree with them and support them
Unless you are married you could be forced to testify. A spouse can not be forced to testify against a husband/wife.
Testify - Rage Against the Machine song - was created in 2000.
In a custody hearing, witnesses don't testify "against" anybody. It may depend on the child's age as to whether the judge will even hear their input or not, and HE will ask the question to which he wishes you to respond. The judge is only concerned that the parent that gets primary custody is the parent that can provicde the best environment, support and upbringing for the child(ren) in question.
No, they can not make a spouse testify against a spouse.Added: But, they are not prevented from doing so, if THEY wish.
Yes, a spouse can testify but only on a voluntary basis. The spouse can not be compelled to testify.
According to the Constitution a person does not have to testify against themselves; in some states a spouse cannot be compelled to testify against a spouse.
Not likely. * Parents do not have immunity in situations pertaining to an adult child. If the parent is subpoenaed to testify they must appear in court. Anyone in such a situation should obtain legal advice and/or repesentation.
Self Incrimination
no
Anyone who is sued is allowed to testify at trial for a calim against him or her.