Has anyone tried to stop a defense attorney from calling a child victim in a protective order hearing? The therapist indicates that it would cause significant mental anguish and possibly cause the child to move forward with a suicide plan. This child has been suicidal with a plan and action toward the plan in the past. I can prove the allegations of family violence without his testimony and do not want to risk further harm to the child by pursuing the protective order. However, the respondent is his father so I need to defeat a visitation order. Mom has no money for a modification. If you have tried this, what case law did you rely on? My judge indicates the defense has a right to call him and cross examine him. The father pulled a gun on the child in response to the child intervening into the fathers beating of his fiancee.

Katherine McAnally

This is a civil proceeding so I don't see why the father/respondent gets a "right to confront" him. Per the language of the amendment itself, Sixth Amendment protections apply "[i]n all criminal prosecutions." If he subpoenas (or has already subpoenaed) the child, then I would suggest a Motion to Quash the subpoena, and failing a favorable ruling on that, asking for similar protections for the child as you would a child witness in a criminal case (closed circuit TV, etc.). A cursory glance at case law did not reveal any cases on child witnesses in protective orders, but the Supreme Court and Texas Court of Criminal Appeals have both held that in criminal cases, a determination can be made on a case-by-case basis whether the victim/child may testify in a manner other than face-to-face.