injunction deposition

[cracker]

What is the name of your state (only U.S. law)? FL
My sister has a deposition this morning for an injunction due to dating violence at the defendant's lawyer's office.

Am I allowed to be there with her?
What should she expect?

 

[stealth2]

You can go to the office with her. Just don't expect to be allowed to be with her during the deposition. Unless you're a licensed attorney and representing her. But... if you were, I guess you wouldn't be asking.

She can expect to be asked (various times, in various ways) about her relationship with the defendant and the events that transpired. She'd really be wise to have an attorney with her, IMO.

 

[cracker]

We went, and as you said, I was not allowed in the actual deposition with her, which was in her best interests because I would have made a fool of myself trying to defend her.

Anyway, if a lawyer were present, would they be able to say objection...bagering or objection... irrelevant?

And if so, why is it fair that victims can be harrassed through the court systems? If a lawyer would be able to stop badgering and whatnot, why can the defending attorney do it without a lawyer present?

Thank you for any responses.

 

[Ohiogal]

We went, and as you said, I was not allowed in the actual deposition with her, which was in her best interests because I would have made a fool of myself trying to defend her.

Anyway, if a lawyer were present, would they be able to say objection...bagering or objection... irrelevant?

And if so, why is it fair that victims can be harrassed through the court systems? If a lawyer would be able to stop badgering and whatnot, why can the defending attorney do it without a lawyer present?

Thank you for any responses.

All questions must be answered though any and all objections can be raised. However the questions are still answered with the objections on the record.

 

[stealth2]

But.... the person being questioned can decline to answer, no? When my ex was deposed, there were several times when his lawyer advised him to not answer a question, and that stood.

However, to answer OP's question about the "victim" being "badgered". It's not badgering - it's trying to find out what actually happened. While your sister may be telling the truth of what happened in her situation, a lot of times the "victim" embellishes. It's that whole "innocent until proven guilty" thing...

 

[cracker]

Had I not been able to hear the woman screaming at her through the paper thin walls, I would have believed she was embellishing as well. Maybe Im being ultra sensitive because it is my little sister, but things like this were said

"I'm not positive of the dates, I'll have to check my notes" (which is what I told her to say if she wasn't sure instead of making up a date and losing all crediblity, so if that was wrong its my fault)

the reply was screaming " YOU DON'T REMEMBER? YOU DON'T REMEMBER? IF IT WAS SO TRAUMATIC FOR YOU HOW CAN YOU NOT REMEMBER? ITS BECAUSE YOU ARE LYING, THATS WHY YOU DONT REMEMBER!!!!

I can't help but think that if an attorney were present that would not have happened.