Are spouses/ children considered witnessess?

Asked over 1 year ago - Albany, NY

My ex filed a false police report against me claiming I assaulted him. We each have restraining orders against each other and he has repeatdly tried to violate me and has gotten shot down by the DV judge twice now. So he decided since he is not making progress that route to call the local police and say I beat him up during a visitation exchange. My spouse and children were present and can attest that I never left the car. The police told me they are not independent witnesses so they dont matter? Is this true? Also at the time he alleges I was beating him I was texting a person while my husband was driving, I also recorded my son talking about him spanking him during the time frame also. Will this help? We are also in the middle of a custody battle he is losing.

Attorney answers (6)

  1. Joseph A Lo Piccolo

    Contributor Level 20

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    Lawyers agree

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    Answered . They are witnesses. Don't listen to cops


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Howard A. Schwartz

    Contributor Level 19

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    Answered . All these facts should help. The police are wrong. The court will decide which witnesses will be allowed to testify. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Eric Edward Rothstein

    Contributor Level 20

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    Answered . The kids can testify. The trier of the facts (whether it is judge or jury) can decide whether to believe them or not.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Jean M. Mahserjian

    Pro

    Contributor Level 14

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    Answered . They absolutely are witnesses. But, a witness can be biased and that may be what the officer meant. If you do not have an attorney, you definitely do need one.

  5. Maria C. Tebano

    Contributor Level 15

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    Lawyers agree

    1

    Answered . Spouses and children can definitely be considered witnesses.

  6. Henry Lebensbaum

    Contributor Level 20

    2

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    1

    Answered . Depends on their age. As a blanket rule, I disagree.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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