Question:Who can be asked to serve as a witness?

Who can be asked to serve as a witness?

Most persons, including family members, are eligible witnesses. Specifically excluded by Church law are confessors. In general, the Tribunal does not accept adolescent or adult children of the parties, a current civil spouse or a prospectiv...

can my daughter testify as a witness/victim?!!?

Q: I have a hearing today in about 7 hours b/c my ex is fighting the order of protection I put against him on 12-15-09. I DID talk to an attorney who told me having representation at this hearing won't do much good b/c it's soley based off of what the order was put in place for (facts of abuse/assault,etc) and the circumstances surrounding the events. basically, on 12-3, when I arrived at my ex's home to pick our daughter, she was acting very strange (ran to my car, slammed the door shut and locked it)-once her dad was inside, she kept watching his door to make sure he wasn't coming back out. when I asked her what was wrong-she refused to tell me until we were out of his apt complex. once she was safe, she told me her dad had hit her in the back of her head (where 3 staples were located from a previous fall while in his care) b/c she didn't stick with the lie he made up and told me prior to me arriving at the house. I did call CPS and make a reportin addition, on 12-15, my ex called to tell me he was going to pick our daughter up from school that day-to which I told him she was sick and wouldn't be going to school (had a small cold) and that we could discuss things once he was served with papers from the court as I wanted things to change. he got very angry and stated that he would meet me up at the school (where my other 2 daughters that are NOT his attend)-I advised against that as it could be considered threatening and harrassing-he said too bad and hung up. He did show up at the school and ended up harrassing my 10 and 8 year old daughters by trying to block their path while they were walking into the school building (I stayed in my car to try and not make a scene). he demanded to know where I was but my girls ignored him and pushed past him but he kept following them, yelling at my 10 year, demanding that "she respect him and answer". once inside the school, she began to cry and run (I was on the phone w/front desk staff b/c I'd asked them to supervise the girls walking in) and my ex started chasing her. a staff member had to physically stop him from going after my daughter and he was ordered to leave. school has been on break for 2 weeks so I haven't had access to the staff member who helped my daughter until yesterday. She is refusing to go to court for fear of her safety (is afraid my ex will retaliate against her) so the only witness I have to the event is my 10 year old daughtercan I bring her to court (but have her wait outside the courtroom w/my boyfriend of 5 years) and ask the judge to please speak with her? it's the only way he's going to know I was telling the truthas for the abuse against my 7 year old, CPS has been horrible-they only interviewed my girls the day after the report was made and then closed the case w/out talking to me. I had to file a compliant and suponea the records but I wont get those for at least one more week. so all the judge will have to go on is my word (I am telling him that we have a family court date in two days to modify custody b/c I feel he is unfit)do u think the judge will allow my 10 year old daughter to speak? she is almost 11 and clearly understands what it means to be under oath and needing to tell the truth....shrooming (sorry if I spelled that wrong)-it's not adultrey...i'm not married anymore!!

A: You need to subpoena the adult witness to attend the hearing. You should be able to find the proper form online or at the court house. You need to have someone other than you who is over the age of 18 give the subpoena to the witness. She cannot refuse to respond to a subpoena. If she is afraid of your ex, then you should remind her that she can tell the judge she is afraid he will retaliate against her and she can ask the judge to enter an order of protection on her behalf as well.If an adult is afraid to testify and you are trying to get an order of protection, you do NOT bring your child to court unless the judge specifically wants to hear from her. If you MUST bring your child, do NOT have your child in the hallway. Leave her and the boyfriend in the car. (But, keep in mind that if you bring your child to court, the judge may look at you a little more harshly for being willing to take a child out of school and subject her to a court appearance.)You can and should explain to the judge that if he needs to hear from your children you can bring them. The judge has the ability to continue a hearing to a different time or a different day.