What to do if my kids and I have been subpoenaed to court to testify against my girlfriend for violating a OOP, but I don’t want my kids testify against their mom?

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What to do if my kids and I have been subpoenaed to court to testify against my girlfriend for violating a OOP, but I don’t want my kids testify against their mom?

Asked on May 15, 2012 under Criminal Law, Minnesota

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

The prosecutor/courts have the subpoena power to order your children to testify, even against your wishes as therei exists no immunity privileges between children and their parents to prevent them from testifying against their parents. If the children themselves are reluctant to testify, then they may not be called to testify, but if they have been subpoenaed then they must attend the hearing and testify if called to do so.  


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