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What amendment says that you do not have to testify against yourself or a family member in a court of law?
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∙ 10y ago
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Can a family member testify against an inlaw?
Certainly they can.
Which amendment allows people to refuse answering on the grounds of self incrimination?
The Fifth Amendment says that the accused "shall [not] be compelled in any criminal case to be a witness against himself." This has been extended to allow someone to refuse to answer incriminating questions in any court proceeding. However, the questions must be incriminating. The Fifth Amendment does not provide any protection if you simply do not want to testify, or if testifying would incriminate a friend or family member. You can still be held in contempt and jailed for refusing to testify in those situations.
Can a family law attorney speak for you in court?
In court, the attorney will present and argue your case. However, you must speak for yourself or remain silent. No one else can testify for you.
Do you have to testify against a family member if I have been summoned as a witness in court?
Yes. They will treat you as a "hostile witness" and continue with the questioning. You cannot get out of it because you dont want to testify. Anyone can refuse to testify in court by pleading that by doing so they believe they may incriminate themselves along with the defendant. The 5th amendment of the US Constitution states that you have the right not to incriminate yourself. This is what it means when people say they "plead the fifth". If your testimony would not be incriminating to you and you just don't want to testify against a family member you can refuse to do so in any court in the US. However by refusing to give testimony to the court the judge may charge you with contempt of court and you could be fined and/or jailed. This rarely happens if the proceedings are of a civil nature,such as smail claims court or other civil court proceedings and even trafic court. It mostly occurs in criminal court proceedings, and Family court proceedings dealing with divorce or child custody.
Does a 13 yr old daughter have to testify against father?
If a judge issues a subpeona (an order to produce evidence, which can include testimony), then yes. Other than marriage, family relationships don't legally protect one family member from testifying against another.
Can you testify against a dead person's family if they've committed a crime?
Question is unclear. Is the dead person the one who committed the offense, OR - - Did the family of the dead person commit the crime? In the first case, if the perpetrator is dead there will be no testifying because there will be no trial or hearing. In the second case, there is no bar to testifying against the family of someone who happens to be deceased.
How can get an injunction with out proof of harm?
If it is against a family member - file a complaint of Domestic Violence. When your court appearance is held you will have to testify in front of the judge as to why you are in fear of bodily harm and/or what is driving you to this point. Be aware that the other person will also be given the opportunity to testify and the judge will decide whether the events rise to the level of granting an inujunction or not.
What is the youngest age a child can testify in Missouri Family Court?
Refer to rsmo 491
How much time did linda kasabian spend in jail?
NO because she agreed to testify agenst"the family"
Does a wife have to testify against husband in a domestic violence case when she is the victim and has been supeonad?
The law states, that a wife Does NOT have to testify against her husband if she does NOT wish too. Call you local Court house to verify, they will tell you the same. I had the same question a few yrs ago myself, lol.
Do you have to testify if you get a subpoena?
A spouse may not be forced to testify against their spouse in criminal proceedings. In divorce court, however, spouses typically tear each other to shreds, which can cause lasting psychological damage. That's why most divorces are now "no-fault" procedures, except in cases where large amounts of money and property are being contested.
What to do if your own sister is a compulsive liar and she puts your whole family against you?
You have to be very honest about yourself because it's rare a whole family would go against you. You have to ask yourself if you truly have been honest with your family. If so, then sit down with your parents and discuss this. You gave us no example of what your family has accused you of lying about. If you would like more help please post under here with a few more details and we'll be happy to help.
