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Will testimony in family court affect criminal court judgement

Bronx, NY |

I have a domestic violence case and violation of order of protection case in family court. Also, i have the same incident of violation of order of protection in criminal case. I have good chance to win in the family court as i have a lot of evidence to prove that i didnt involve domestic violence. but my criminal lawyer is afraid if i say something inproper in family court, DA may get them to use against me in criminal court case. Now DA has no any evidence to prove I did anything. Should I testimony in family court or I should wait until criminal court case finish? but the criminal court case looks like endless and family court hearing start next 2 weeks.

Attorney Answers 5

Posted

Speak to your criminal attorney.

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 substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

You should follow the advice of your Attorney. There are different burdens of proof that apply in family court versus family court.

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Posted

I agree, speak with your criminal attorney and consider a continuance.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Here's the isse: if you testify in Family Court, your testimony absolutely may be used against you if you testify in criminal court. Nevertheless, you may/may not be able to delay the Family Court proceeding simply because you also have a criminal court case (odds unlikely). As such, whether to proceed or not with the Family Court trial will take full assessment & coordination between your Family Court lawyer & your criminal court lawyer. In any event, if you don't have a Family Court lawyer or may wish a 2d opinion, I encourage you to schedule a follow-up consultation with a Bronx Co. Domestic Violence attorney.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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Posted

You should listen to your criminal attorney as anything that you say in family court may possibly be used in the criminal court matter. Since the charges in family and criminal court involve the same incident, you should have the two attorneys speak to each other to coordinate your defense.

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