My question involves criminal law for the state of: Louisiana
I have a question in regards to a testimony someone who is 10 years old. The child was a witness of something that happened where one of the relatives might possibly be charged with a simple battery. At this point it is not clear if the person will be charged, however there is a police report. The case has to do with custody so the judge in a civil court is planning on talking to the child regarding the incident (a watermeier hearing) and it will be recorded by the court reporter and will have an official transcript. How can a person who possibly will be charged protect his/her rights from whatever might be said in that testimony? In criminal court the child would not be called in on the stand because of the child's age but the testimony in the civil court and the transcript could potentially damage the person in criminal court. Can that be argued to the civil court judge as a reason for the child not to testify?
Please, see this situation in the light as "innocent until proven guilty"