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    dawnistrue's Avatar
    dawnistrue Posts: 23, Reputation: 1
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    #1

    Oct 7, 2010, 02:15 PM
    Can an attorney call my 16year old daughter when representing the other party ?
    My daughter was abandoned on Thanksgiving night by her father on a busy highway truck stop. She was only 15. He previously, 15 minutes earlier, kicked my adult daughter out of the car also on a different highway, hurting her leg. The State Police of NJ arrested him for endangering the welfare of a child and assault on my older child.
    MY QUESTION IS: CAN MY EXHUSBANDS ATTORNEY CALL MY 16 YEAR OLD DAUGHTER ASKING HER QUESTIONS? SHE KEEPS CALLING AND TRYING TO INTIMIDATE MY DAUGHTER BY SAYING HER FATHER IS BEING CHARGED WITH A FELONY AND WILL GO TO JAIL!! Please advise me as to what her rights are and if this is legal.
    SHE IS NOT REPRESENTED BY AN ATTORNEY SINCE IT IS THE STATE THAT IS PROSECUTING HIM. Thanking you in advance for your response.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 7, 2010, 03:12 PM

    Call the DA and report the attorney, They can ask to talk to her, they can ask for a statement.
    1. are you sure it is an attorney ? Not some man hired or doing this for her father.

    Do not let her talk to them unless she has an attorney or there is a court order to make her.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 7, 2010, 04:15 PM

    Change your phone number ASAP so these vultures can't talk to her and try to intimidate her into giving "soft" testimony to his horrendous act by the father.

    Report these vultures to the DA's office as soon as possible. They will know what to do to make this cease if you decide to not change your phone number. I'd change it anyway if I was you.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 8, 2010, 05:48 AM
    Quote Originally Posted by dawnistrue View Post
    CAN MY EXHUSBANDS ATTORNEY CALL MY 16 YEAR OLD DAUGHTER ASKING HER QUESTIONS?
    Hello d:

    Yes. It's not illegal nor unethical so the judge ISN'T going to stop it either... But, your daughter IS 16. That's old enough to listen to and OBEY instructions... Tell her NOT to talk to the lawyer... It couldn't be easier.

    excon
    RavenWolf1's Avatar
    RavenWolf1 Posts: 9, Reputation: 2
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    #5

    Sep 2, 2011, 05:08 AM
    The attorney cannot talk to your unerage daughter without an adult being present. ( believe that adult must not be the one that was or is incarcerated.) I would speak to the prosecuting attorney regarding this matter, as states vary in age on what the law can and can't do (somewhere between 13-18) depending on the state. Call the DA, they will tell you. Or... go to the local library and look up the law regarding minor children. You can also ask the state's social services. They know about laws pertaining to children and their rights.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Sep 2, 2011, 05:21 AM
    Quote Originally Posted by RavenWolf1 View Post
    The attorney cannot talk to your unerage daughter without an adult being present.
    Hello Raven:

    Here on this forum, we pride ourselves in giving accurate advice.. Your advice is absolutely and unequivocally WRONG! There is NO law that prevents one CITIZEN from talking with ANOTHER.

    On the other hand, a COP isn't a CITIZEN, as in the example above. He's a representative of the STATE, and AS SUCH, he cannot interview a minor child WITHOUT their parent present. THAT might be what you're thinking of.

    excon
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