Legal Question in Family Law in California
legal loop holes
At present my boyfriend is being charge with a multude of things.
Terrorists threats, child indangerment, domistic violence, and
kidnapping. He is currently out on bail and not allowed by order
from the judge to contact me. Now we have had contact the police
were made aware by my father, luckly my boyfriend left befor they
came. He only stopped by to see his 16 month old son. Now he is
looking at 8 t 10 years in prison. If we were to do something crazy
like get married befor the trial date would I still have to testify would
the DA still have a case, and would I be putting my son at risk with
CPS? Can he still be charged with any of the above? Best case
senero and worse case senero, Please thanks so much E
2 Answers from Attorneys
Re: legal loop holes
Your boyfriend has a court order to not come near you so HE MUST NOT COME NEAR YOU. If you want the order lifted, you need to hire an attorney and get it lifted.
Getting married does not stop you from testifying against him and it does put you in a precarious position with CPS if they decided to investigate so I would strongly recommend against it.
If you want a free consultation on how we can help you and him in this situation, call us.
RIZIO & NELSON
1-888-292-8888
Re: legal loop holes
It appears that you do not appreciate the gravity of your situation. Allowing the boyfriend access to the child when he is charged with these serious crimes could be considered child endangerment by you and result in your loss of the child.
To answer your question NO. There is no privilege against you testifying against him, if you were married. The district attorney has all of the information it needs to have the court find a violation of his probation. That is sufficient for him to be sent to prison. Marrying him would definitely place at risk for losing your child.
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