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.
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