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  1. #1
    Join Date
    Jun 2010
    Posts
    3

    Default Criminal Defense Lawyers Using Unrelated Civil Case to Access Abuse Victims

    My question involves criminal law for the state of: Texas
    Hello, I am a witness in a criminal case against a cult leader for sexually abusing children. My sister and close friend are the actual victims in this case ( I was too but my statute had run up.) One person who is far from sane (an ex-cult member) has now also made a pro se civil case (that has no strength) against the same cult organization. In doing so the civil defense lawyers issued six subpoenas for myself and the two victims in the criminal case and our partners. We are not mentioned in the pro se civil case, although several other people are and they were not subpoenaed, it is very clear that they are using this as an opportunity to question the victims in the criminal case before the trial (which they have managed to delay or nearly 3 years.) What can be done?


    The DA is very busy and has not be entirely responsive to our pleas. It seems unreasonable for them to depose my partner or my sister's partner as each of them only met the woman filing the civil case once last November and all of the things she claimed happened were 3-15 years ago. Protective orders were attempted to be filed by the pro se person, but denied by the court, or being improperly filed. What about a motion to quash?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: Criminal Defense Lawyers Using Unrelated Civil Case to Access Abuse Victims

    You and your sisters are free to file a motion of your own for a protective order, and to try to convince the court that your testimony has no relevance to the case or should be limited to your knowledge of and interaction with the woman who filed the case. I would suggest getting help from a lawyer in drafting, filing and arguing the motion - the insurance company's lawyers will be working against you. I can't promise that, even with a lawyer on your team, you'll succeed.

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