Why would the respondent in a sexual abuse case depose the petitioner?
Asked by
L1952 (
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September 17th, 2014
from iPhone
I am going through a sexual abuse case with my toddler and her biological father, no arrest was made but I have put a temporary injunction on him to keep him away from her, And we are awaiting the court date, Now his lawyer is deposing me and I would like to know what they’re trying to prove or what he is trying to get out of?
Also, They claim the reason for “no arrest” was that there was no physical evidence but they did not do an internal examination, They only took pictures of the outside, So I don’t see what kind of physical evidence would of been found. She told CPS what happened and she also see’a a therapist weekly who she talks to about this. I am just trying to protect my daughter, And I am very concerned they will not approve the injunction for this reason. I have a lawyer I am just trying to get more then one opinion, Thanks!
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18 Answers
A deposition is standard procedure in a court case. They are going to try to establish the facts as you present them. It can be intimidating to go through.
Keep in mind that the father’s lawyer is going to be mean and nasty and try to trip you up during the deposition. They are NOT going to be your friends. They are going to try and trick you into saying things that they can use against you.
Depositions are not fun. (I had to give on in a civil case – an intellectual property case—and it was grueling.
If I don’t feel comfortable or feel they need to know the answer to a specific question how can I get out of answering it?
I think you can just say, “I don’t feel comfortable answering that.” Only a judge can force you to answer a question. However, they can interpret it different ways, all of them bad. Make sure you give a specific reason why you don’t feel comfortable answering. Everything you say will be written down, word for word, including “Um,” and “sighs.”
But I want to hear what the other Jellies have to say.
@Dutchess_III – she can say that, but the father’s lawyer is going to keep pushing on her. He/she is going to badger @L1952 no matter how uncomfortable she is.
@L1952 – talk to your lawyer before the deposition. They should give you advise about what not to say.
I honestly feel I am going to be sickened even sitting in a room with her father, can I request he sit far away from me? does he have to be in the room?
he sexually molested my 3 year old, I’m really worried about how I will keep my composure during all of this.
I went through one in a high asset divorce case, if you’re uncomfortable say, ” I don’t know” or “what does that mean” or keep saying you don’t understand the question, or “I don’t recall”. Your lawyer will be there too, and will intervene if it gets too rough.
He may not be in the room but he has a right to be if he wants to. I was deposed in a car accident suit and the plaintiff was seated right across from me. Very uncomfortable.
Your lawyer will coach you on what you can say in answer but if you don’t remember something, you should be able to say that.
Thank you for all the answers !
Please come back and let us know how it goes.
The good advice above to get coaching from your lawyer is essential. Your lawyer wants to win this case and he will know about how you must behave and also about how you can behave in ways that are the least distressing for you. You have to learn how to play this game with the most skill you can learn in a short time. I don’t mean it’s frivolous; I mean it’s a strict rule-bound ritual. You can learn how to work the rules to your best advantage and your child’s, and that is what you should concentrate on. This is work and you can do it.
The deposition went well the accused party wasn’t actually there, only his lawyer, and it only lasted about 30 minutes. The other parties lawyer didn’t seem to know much about his client which was amusing.
Cool beans! I’m betting maybe the lawyer didn’t particularly like his client.
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