By Anonymous - 07/07/2009 05:46 - United States

Today, I found out that my father, who is divorced from my mother, has set up a lawsuit against her and that I am required to go to court and testify against her as a witness. I've tried to keep neutral for six years, and I'll go to jail if I don't show up. FML
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Top comments

mijzelffan 0

ouch. Just say you're staying neutral in the court

130 1
Hazimius 0

Despite the OP having no control over the situation, there are still YDI votes...

122 2

Comments

emmmilyyy 0

There is a lovely constitutional amendment that protects you, should you choose not to incriminate members of your family in a court of law. Read it.

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tronner 0

By all means, tell us which one! I'd love to see it.

1 0
Agarwel 0

Are you sure about that "go to jail" part? In my country you dont have to testify against persons close to you (like relatives). So even if you would be only kay witness to solve mass murder - and everybody know it - you dont have to do it. Isnt somethink similar also in your country?

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lexiBRo 0

No, we have spousal privilege... but no mommy/daddy privilege

0 0
yabrett 0

this cant be real, theres no way you would go to jail for "pleading the 5th"

0 0
hawkloverr 0

You can show up and just act like you can't remember what happened or don't know. That's not illegal. You do have to show up if you are subpoenaed, but I also think its true that there is a law which protects you from having to testify against family, and if not (although I'm pretty sure there is), you can always use the i dont remember bit. You might get yelled at by the lawyer a bit, but you won't get arrested :)

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tronner 0

I'm going nuts here. Yes, by all means, show up and lie on the stand. That won't get you in ANY TROUBLE AT ALL. And no, there is NO LAW that prohibits a person from being called to testify against their family member, unless you're talking about some spousal privilege which you're not.

2 0
tronner 0

Since your dad is already divorced from your mother it is probably breach of contract, property dispute, something like that? The only way a judge would allow you to be called is if you actually had something to say in the matter - so say it. Or, get your own lawyer to fight the subpoena.

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ndfan4190 0

hey...you cant avoid going to court, but you can make it so you wouldnt have to testify. when asked do you swear to tell the truth, instead of saying i do, say no. the court will deem you an unfit witness and you will be removed from the witness list. you will be able to still remain neutral and out of jail

0 0
deaththekid_fml 0

how long will you be going to jail if you refuse

0 0
skullbuster 0

OP, please for the love of god, DO NOT LISTEN to these people. It sounds like you understand the situation so do what you need to do, but don't make any decision based on the village idiots posting here! They aren't going to come bail you out when you are charged with contempt of court, and it doesn't sound like your Dad will be writing a check either (nasty prick). Good luck to you!

2 0
Hoax_fml 0

Nasty prick? Clearly the mother might have done some irredeemable shit to have a lawsuit against her. Maybe she's demanding more alimony than she deserves (not unlikely, shocker I know). Maybe she was an absentee, alcoholic bitch. We don't know. But we do know that the lawsuit exists for a REASON. And that reason might be something other than the father is a "nasty prick".

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gntfmlingnow 12

Or maybe the dad is a little pissed because the mom left him and he's such a prick to not only file lawsuits but force his son to choose sides. We don't know, and probably never will.

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grlwitperlEring 0

you know you just have to testify you don't have to testify for either side specifically just answer all the questions you're asked honestly

0 0
boblehead_jim 0

You really should look in to getting your own lawyer. You might still have to testify, but a lawyer can help you navigate what you do and do not have to reveal. Your parents lawyers are going to look out for them, you need someone who's primary interest is keeping you out of jail while protecting your neutrality as much as possible.

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I_am_stupid_also 6

Getting a lawyer for herself is probably overkill. The parents are probably bickering over over-due child support payments. If the OP stays with the truth she will be fine.

0 0