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Ashley R
As the victim in a domestic violence case, if I am subpoenaed to testify, do i have to?
I'm trying to get the case dismissed by the state. I didn't press charges the state did and i DO NOT want to testify. If i get a subpoena do i truly have to testify? or can i refuse?

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Bill H
You can refuse if the other party is your husband, otherwise Yes, you'll be required to testify.

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No. You never are required to testify. You may be required to take the witness stand, but you have the right not to answer any questions. Even if they put you in jail, you never have to talk to them. Talking to cops and attorneys is how they make a case. No information, no case. I do not believe that they can absolutely guarantee that any testimony that you give would never be used against YOU. That is your right under the 5th amendment. Say nothing.

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Sandra M
No you don't have to testify. Call the prosecuting attorney and tell them that you are not going to testify in their case. All it is going to do is cost a bunch of money for you and I assume your boyfriend. They will make him go to some class and that costs money too. It is all about money.

I don't agree that he should abuse you but I don't agree that the States are properly handling domestic violence cases either, it is doing nothing but costing the PEOPLE OF THIS COUNTRY MONEY.

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Patrick R
In a criminal case, you must show-up to testify. You can not be required to testify against your husband, however.

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You must respond to a supoena to testify.

You really should testify even if there is no suboena. This is not aceptable behavior.

As the recognized victim you should not stress out on this. They know what happened. You just might have to say a simple yes or no at some point.

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I cannot fathom why a victim of domestic violence would protect their abuser/attacker. Yes, you have to show up and will be required to answer the questions that the judge deems appropriate or you could face contempt of court charges and be jailed yourself. People who defend their attackers, change their minds, etc after the police are involved sicken me to the core. This attitude is a contributing factor to others keeping silent in dangerous situations as well as endangering society as a whole. The anger that propels an abuser does not stop at the victims front door, it spills over into society at large.

We, as a society, have come a long way in recognizing domestic violence. There was a time, not so very long ago, when women were considered property and could be treated in any manner that their spouse chose. And, there are still societies in the world where women are routinely abused with no action taken against their abusers. Refusing to cooperate with the authorities is one way to spit in the face of the sufferings of other women - past and present.

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Chances are you won't actually have to testify. They usually agree to a charge before it gets to that point. Most cases are settled within an hour of going to court. If you have to testify, why are you afraid of? The bull that goes with the whole situation? If the police were called and no doubt you were assaulted, why not press charges. What hold does this person have on you? Wouldn't you like to be able to do what you want without worrying about getting slapped or punched?

If you do go to court, the courtroom is only limited to people involved in the case. Don't be a victim.

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Noone i
IF you are subpeonaed, you have no choice. To not testify is legally punishable and your testimony will be mandatory.

Unless, of course, its your husband, then you can claim husband/wife privilege.

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Bill VonDoom
yes, if you get subpoenaed you must show up or be issued a warrant for your arrest...

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you will be held in contempt of court why would you protect the animal that has been beating you pelligrino palomba in phoenix beat his wife to death feb 2006 his wife never told anyone of the marital problems testify before you become part of a more violent statstic

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Yes. If you do not show up for court that is contempt of court and a will result in your arrest. If you go and are dishonest on the stand that is perjury. You do however have the right to plead the fifth. My advise would be to contact the state about how you feel. Perhaps if they hear you as the main witness are not going to be supportive the case may be dropped.However, it is a shame that if you truly were a victim that you would not want to pursue justice but that is your choice.

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Yes, if subpoenaed, you have to testify. Otherwise, your reward for protecting the dude that knocked you around could be getting arrested for contempt of court.

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You have to show up if you are issued a subpeona, or you can be arrested.

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Kris L
If you recieve a subpoena, you MUST go to court on the day and time specified, and you may be REQUIRED to testify, and that testimony MUST be the 'truth' ... if you lie, that is perjury and YOU can end up going to jail for far longer than your partner, if s/he is convicted. Domestic violence is a CRIME and the law is such that even if the person who was 'hurt' doesn't want to press charges, the city, county, or state can and often DOES ... and if you are 'seeing' or 'talking' to the defendant in this case ... with or without a restraining order ... YOU can go to jail, too, for violating the LAW. This is a protection of YOU since many people in a relationship where there is domestic violence 'change their minds' ... and that is the WRONG thing to do at least 80% of the time (up to 99.99%).

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You must attend and answer any questions allowed by the Judge, unless you are willing to go to jail for contempt.

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Lela A
if you refuse then you are allowing the abuse to continue of your own decision..abuse is wrong..think about what you are doing..it must have been very bad for the state to charge him in the first place..physical injuries..I am a DV survivor..9 years abuse free..

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No, you can be compelled to tesify and if you fail to do so, it could be considered Contempt of Court and a bench warrant issued for your arrest.

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