Legal Question in Family Law in California

I have two friends who just had a child last year and are now heading to family court because of disagreements. I have known them almost as long as they have known each other 10+ years; I am the only person outside of their families who know that they are having problems. There is a restraining order involved and one of them hasn't seen the kid in a couple weeks.

If I am called as a witness in the upcoming initial hearing or any subsequent courtroom activities I do not want to testify. I have nothing to hide and have done nothing wrong. However, I do not believe that anything I say will help the child. I do believe that everything I say will be manipulated by the lawyers. I am fully aware that anyone who refuses to testify can be held in contempt of court.

I am planning on refusing to testify and explain to the judge that "I understand and respect the courts authority, I believe the two parties in the matter have the best interests of the kid in mind, I also believe the judge has the best interest of the child in mind." However, my testifying other than to say what I just said will not help anyone and may only serve to damage the one common relationship both my friends have here. In other words, I don't want to be stuck in the middle when being in the middle won't help anyone.

What is the range of penalties a judge can impose on me? What is the likelihood any judge would impost those penalties (or does that depend on if they got cutoff in traffic on the way to court)?

Finally, are there usually, or ever, witnesses called in an initial Family Court hearing.

Thanks!


Asked on 8/30/10, 6:50 pm

1 Answer from Attorneys

The bad news is that a judge can fine you on a daily or hourly basis, or even jail you, until you testify. They WILL do this if they believe the testimony you could give would be material. The good news is that the court will not hear witnesses at the intial custody hearing in any court I've appeard in. If witnesses are needed, the matter will be set for a "long cause" hearing at a later date. Of course that only postpones the inevitable.

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Answered on 9/05/10, 2:44 pm


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