Deposition questions

[lac1027]

What is the name of your state? California
I will start off by saying that my case has two elements to it. First, I have a restraining order on my ex. This restraining order has been in effect since July 2005 and will expire in Aug 2008. there are currently criminal charges pending, suppose to go to trial on July 15, 2008 all stemming from the restraining order. My ex (or would be ex) is a disbarred lawyer who has served time for embezzlement, that is why he lost his license to practice. Anyway, he is very controlling and to a point that I am scared for my life (hence the restraining order). He has an indictment to stand trial for burglary of my apartment, stalking, terrorizing and petty theft. the restraining order was for domestic violence, but it was not physical (yet). Anyway, he bled me dry in Family court so now I am representing myself and having a very hard time. I am suppose to go in for the second part of a deposition on Wednesday. My question is, questions are being asked that directly relate to the criminal matter and I have refused to answer them. Do I have a right to refuse to answer, I feel he is using this to get info on me about the criminal matter. I am the victim in the criminal matter. Any way there is a lot more but I thought I would start here. We also have 2 kids...

[LdiJ]

Originally Posted by lac1027

What is the name of your state? California
I will start off by saying that my case has two elements to it. First, I have a restraining order on my ex. This restraining order has been in effect since July 2005 and will expire in Aug 2008. there are currently criminal charges pending, suppose to go to trial on July 15, 2008 all stemming from the restraining order. My ex (or would be ex) is a disbarred lawyer who has served time for embezzlement, that is why he lost his license to practice. Anyway, he is very controlling and to a point that I am scared for my life (hence the restraining order). He has an indictment to stand trial for burglary of my apartment, stalking, terrorizing and petty theft. the restraining order was for domestic violence, but it was not physical (yet). Anyway, he bled me dry in Family court so now I am representing myself and having a very hard time. I am suppose to go in for the second part of a deposition on Wednesday. My question is, questions are being asked that directly relate to the criminal matter and I have refused to answer them. Do I have a right to refuse to answer, I feel he is using this to get info on me about the criminal matter. I am the victim in the criminal matter. Any way there is a lot more but I thought I would start here. We also have 2 kids...

Personally, I would get an appointment with the DA/prosecutor to discuss the fact that he is trying to get information about the criminal matter via your family law case. It may not matter, because he would be entitled to obtain the same information from you in a deposition for the criminal case. However, the DA/prosecutor is the best person to advise you.

[lac1027]

The DA is aware of the depositions and will not advise me one way or the other....We were suppose to go to trial before May 14th however since the DA is now bringing in an Expert Witness, Doctor of Psychology and a representative from T-mobile, my case has been pushed to July 15th. I am suppose to go back to family court on July 21, however, he keeps threatening to file a motion to compel with sanctions I(by the way, he is not paying his lawyer, so how can they ask for sanctions.) Do you think that the DA wants this harassment to happened in order to show more of his controlling nature? I just feel like this has nothing to do with the best interest of the kids. Kids by the way do not want to see their Dad, especially my son, who is testifying against him. Since I am pro per, will I get some leeway in terms of objections to questions I feel are inappropriate at this time and for questions which I see have no real baring on the case at hand, which would ultimately be child custody and visitation. This is not what he wants, if it really was, I don't want to keep the kids from their Dad. Until this criminal matter is resolved, I see no other choice. In addition, my ex is trying to sue to city police department, the DA's office and anyone who has come in contact with me. He feels that all have conspired with me and that this whole horrible nightmare was concocted and made up fraudulently by me. Honestly who has time, except for him who does not work, I work 7 days a week and am financially bankrupt, but trying to keep my kids healthy, stable, happy and safe. Any suggestions?

[Zephyr]

is he being represented by an attorney? if not isn't him deposing you a violation of the protection order?

also talk with the DA about victims support services they may have