What is my legal obligation if I’ve been summoned to court, along with my son, as a witness for a domestic violence case against my ex-husband?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my legal obligation if I’ve been summoned to court, along with my son, as a witness for a domestic violence case against my ex-husband?
This was his first offense he has no prior record and he is begging me not to show up on the court date. He hopes that the case will be dropped if I don’t but I’m worried the court will issue a warrant for my arrest for not showing up. What should I do? I really don’t want to go. I should not have called the police but at the time I was scared. However, my ex has since apologized and has learned a valuable lesson. I just want it all to go away because it is extremely stressful.
Asked on October 21, 2015 under Criminal Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You say that you have been "summoned" to court; I take that to mean that to mean that you received a subpoena. And a subpoena is a direct order from the court requiring your appearance; you can't not just show up. As you are aware, if you ignore it, you can be held in contempt of court and a warrant can be issued for your arrest. You can also face fines and/or jail time.
Some victims attempt to refuse testifying by invoking the Fifth Amendment (i.e. the right against self-incrimination). However, this right doesn't apply simply because a witness doesn't want to testify; it only applies if their own testimony would cause them to incriminate themselves. Also, a witness who refuses to testify can be held in contempt and jailed and/or fined.
Additionally, in domestic violence cases, many spouse's think that they can invoke "spousal privilege"; that is the right of one spouse not to have to give testimony against the other. However, most states have amended their spousal privilege statute to carve out an exception for DV victims. Accordingly, one spouse can be made to testify against the other spouse.
At this point, you can consult directly with a criminal law attorney in your area about your rights and legal obligations in this matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.