child testify against parent

What is the name of your state? Indiana. Can a child be made to testify against his or her parent. The child is a minor and does not want to testify against his father in an invasion of privacy case. Can I refuse to let him testify or does he have to refuse, he is 14 and is the key witness to this violation of a protective order.

your ex violated a protective order, right?

you called the police and they charged your ex, right?

you and your son were the witnesses to the violation, right?

So how come now you want your ex to go free?

I was not a direct witness to the telephone call... My son "embelleshed" on the content. He did not mean harm, but he has the very bad habit of stating what he thinks as FACT. And does not clarify that it is what he thinks. The violation was not violent, or even direct contact. The order was not for violence, either. He's asked for help and we want to give it to him. a drug problem and this is the first time he's actually come to us and asked for it. Enough from me... sorry to ramble on. Been trying to explain my actions to my mom with no success. The prosecutor still wants to offer him a plea agreement, but my husband is seeking treatment on his own without a court order. The short of it is, the prosecutor will not back off of it. As his wife I can refuse to testify but not sure about my son.

Any help??? Thx for listening...

M

My response:

What you don't seem to understand is that the Prosecutor IS trying to help him.

There's nothing like 6 months behind bars to clear a person's system out, and to break the cycle.

You'd be doing your husband the biggest favor, and for your son too. That way, when Daddy comes home, he'll be a better father to your son - - instead of some brain-fried core.

IAAL

Yes, I agree... but and there is always a but. It has been a very rocky 8 months and very hostile and angry. Alot has been said and done by us both and it is time for the hostility to come to an end. Our marriage is over but we have to find a happy medium to communicate without fighting. I need for him to be on the outside so he can work and he is now. I am sick with a tumor in my lung and need to find a way to relieve the stress. If he goes to jail it will forever sever any kind of a peaceful relationship between him and I. Also, I don't want to see him punished if he didn't really say the things our son said he did.


M

My response:

He'll come out a better person. There won't be any communication or arguments while he's in jail. Things will finally be calm.

When he gets out, you can be assured he'll be clean, and ready to start over. He'll be safe, have a place to stay, be clothed, and get three squares a day.

Believe me, this couldn't be a better situation for him. Remember, part of your problem with him is the drugs he's doing. That's NOT a good father, and NOT a good influence on your son.

Besides, if you kick the bucket, don't you want him to be a good, clean, father to your son? Because he's getting your son when you die.

So, do everyone a favor, and testify.

IAAL

Thanks

Thanks for your opinion on the matter. I've listened to several and just want to cover all options before I make my final decision. Do you know if my son can be forced to testify?

Thx again

M

Re: Thanks

marysel61 said:

Thanks for your opinion on the matter. I've listened to several and just want to cover all options before I make my final decision. Do you know if my son can be forced to testify?

Thx again

M

Click to expand...

My response:

At age 14, you bet he can be forced. It's called his Driver's License. To a teenager, that means more than life itself. The prosecutor will dangle that like a carrot and, if he lies on the stand, it's juvenile detention for him!

IAAL

Are you an attorney? He is only 14 and DL is a way off. I mean does the law also allow him to refuse as it does me? He will not lie, on the stand, he already stretched the truth when he told me what his dad "supposedly" said.

Thx again,

M

marysel61 said:

Are you an attorney? He is only 14 and DL is a way off. I mean does the law also allow him to refuse as it does me? He will not lie, on the stand, he already stretched the truth when he told me what his dad "supposedly" said.

Thx again,

M

Click to expand...

My response:

Click on my "profile" button, below. You have the "marital privilege", and cannot be forced to testify against your husband - - however, in this case, I firmly believe that would be a mistake on your part. You're not doing him any favors by refusing to testify.

However, your son does NOT enjoy that same, or any, privilege under the law; i.e., there is no "child-parent" privilege.

And yes, the prosecutor can say to him, "You know that Driver's License you want at age 16. If you don't testify, you can forget about it until your 21." His license is NOT that far off - - but, it could be if he pisses off the prosecutor.

And, if YOU do anything to talk your son out of testifying, or try to change what he'll testify to, then YOU can be prosecuted for "witness tampering" - - a felony. Don't even think about doing it.

IAAL

That sounds pretty official. Are you sure you're an attorney? LOL!!!