Not testifying as defendant in CLETS DV restraining order case?

Asked about 1 year ago - Glendale, CA

My attorney advise me not testify in DV restraining order case in case the DA decides to file criminal charges in future. My wife will testify as my witness against a relative allegations who filed the restraining order against me. Can I still win or will the judge think I am hiding something?

Attorney answers (2)

  1. Jack McRae

    Contributor Level 13

    2

    Lawyers agree

    Answered . Without more specifics on what happened (and you should *not* post the specifics online), it is hard to tell. Since you have an attorney, why not have him represent you in the civil DV hearing? To not defend yourself there means that you might loose by default.

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . Your attorney is correct, if you testify that could be used against you. You can assert the fifth amendment or even request a continuance.

    I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

    In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..

    I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
    Do you want your current or ex-spouse to know or hire me first?

    In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).

    In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

    If you like my post, please mark it as “best” or “helpful”

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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