My ex-husband has a criminal charge filed by my current spouse. My ex-husband is using my children as witnesses and I disagree. I have joint legal custody. However, I do not want my children to be treated as witnesses. I was one of the witnesses and my children were not even involved. What do I do to stop him from using my children as witnesses in the assault case that he assaulted my current spouse?
Answer
You cannot prevent the state from calling another person as a witness. However, you could notify your husband's lawyer about what you did and did not see regarding the alleged assault. You might be called as a witness, and then the judge or jury has to decide whom to believe.
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