If I was subpoenaed to appear at court in a DV trial, is there any way to quash the subpoena?

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If I was subpoenaed to appear at court in a DV trial, is there any way to quash the subpoena?

My boyfriend and I have since worked things out and I’ve told the prosecutor I don’t wish to pursue. My son and I will miss work and school that day.

Asked on August 2, 2019 under Criminal Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A subpeona is a court order that requires you to appear at the time and day stated. If you fail to appear, then you can be held in contempt and subsequently fined or even jailed. This is true no matter if you and the defendent have since worked things out. The fact is that it is up to the state has to whether or not a criminal case will go forward and not the alleged victim.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A subpeona is a court order that requires you to appear at the time and day stated. If you fail to appear, then you can be held in contempt and subsequently fined or even jailed. This is true no matter if you and the defendent have since worked things out. The fact is that it is up to the state has to whether or not a criminal case will go forward and not the alleged victim.


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