Hey guys, I have a situation and could use some advice. I have a pending criminal case because the other party pressed charges against me, even though it was self-defense. The DA is still working on filing it, so technically, we are both being charged right now. At the same time, we have an ongoing family court case. My question is, am I allowed to talk about the domestic violence situation in family court while the DA is still deciding whether to file? Any insights would be really helpful.
Anything you say in family court can be used against you in the criminal case. You should really be careful about what you say.
Winslow said:
Anything you say in family court can be used against you in the criminal case. You should really be careful about what you say.
That makes sense. But what if the other party is already making accusations in family court? Should I just stay silent?
@Carmen
It’s tricky. If they make accusations and you don’t respond, it might look bad in family court. But if you say too much, it could be used against you in the criminal case. Definitely talk to a lawyer about this.
@Carmen
Yeah, that’s a tough spot. Your attorney might be able to file something to limit what’s discussed in family court so it doesn’t hurt your criminal case.
You should ask your lawyer about this. A criminal case and a family court case are separate, but they can affect each other. You don’t want to say something that makes things worse for you.
Sadie said:
You should ask your lawyer about this. A criminal case and a family court case are separate, but they can affect each other. You don’t want to say something that makes things worse for you.
I get that. But does the family court judge even care about the criminal case if it hasn’t been filed yet?
@Carmen
It depends. Family court judges sometimes consider criminal allegations when making custody or restraining order decisions. Even if charges haven’t been filed, just the fact that there’s an investigation might influence the judge.
@Carmen
Exactly. Just because the DA hasn’t filed yet doesn’t mean family court will ignore it. They might even use police reports as evidence.
Wait, what do you mean by ‘pending criminal case’? Has the DA actually charged you, or is it just under review?
Monroe said:
Wait, what do you mean by ‘pending criminal case’? Has the DA actually charged you, or is it just under review?
Right now, it’s under review. The DA hasn’t officially filed charges yet, but the other party made a complaint, so the process is ongoing.
@Carmen
Oh, got it. So technically, you haven’t been charged yet? That’s important because once they officially charge you, things could change in both courts.
@Carmen
Yeah, if it’s just under review, you might still have some flexibility. But be careful—one wrong statement in family court could give the DA more reason to file charges.
Honestly, I wouldn’t say anything in family court until you talk to your lawyer. The last thing you need is to accidentally admit something that can be used against you later.
Fiona said:
Honestly, I wouldn’t say anything in family court until you talk to your lawyer. The last thing you need is to accidentally admit something that can be used against you later.
That’s what I’m worried about. I don’t want to hurt my case just by defending myself.
@Carmen
Exactly. Even if you’re telling the truth, anything you say could be twisted. Better to let your attorney handle it.
I had a friend go through something similar. Her lawyer advised her to stay quiet in family court and let her attorney handle any responses. It worked out better in the end because she didn’t say anything that could be used against her.
@Penn
That’s reassuring to hear. Maybe I should just let my lawyer do all the talking in family court too.
Carmen said:
@Penn
That’s reassuring to hear. Maybe I should just let my lawyer do all the talking in family court too.
Yeah, that’s probably the safest move. The court process is stressful enough without making things harder for yourself.