Legal Question in Criminal Law in Massachusetts

Hi there.

I am currently separated and going through a divorce. Mother was charged with assaulting the children and I was awarded custody of three minor children.

In a separate matter, prior to filing for divorce my soon to be ex-wife assaulted someone else and the incident was witnessed by the children, ages 7, 10, and 16. Her criminal attorney has subpened the children to appear in court to testify and threatens to legally force me to take them if I refuse.

Aside from loosing a day of school, the children do not want to face their abusive mother. They do not want to be put in this situation and I agree: They do not need another emotional blow. They have already suffered alot and this is the last thing they need.

Do I have any recourse or say in this matter? Can I prevent the children from having to go to court and having to testify. Is there anything I can do to prevent this?

I am also being asked to contact the attorney and notify them of my intentions. Should I even be doing this? Thank you.


Asked on 2/03/11, 8:12 am

1 Answer from Attorneys
Paul Lancia Attorney Paul Lancia

Need to quash the subpeona.

Call me.

Read more
Answered on 2/07/11, 7:52 pm


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