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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.

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