QUESTION

Do I have to show up to my husband's trial if I'm the one who pressed the charges?

Asked on Oct 03rd, 2013 on Criminal Law - Oklahoma
More details to this question:
Do I have to testify against him? My husband is facing domestic violence and assault on my 1 year old which is his step son. I was subpoenaed to his pre trial and I went. I'm getting subpoenaed to his trial and I would like to not testify against him. Is it possible that I do not have to or do I have to go to court?
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7 ANSWERS

Michael J. Breczinski
If you are subpoenaed then you have to go to court. If this involves an attack on your 1 years old then they could try to take the child on the basis that you refuse to protect him form this person.
Answered on Oct 07th, 2013 at 4:36 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you are being subpoenaed, you will have to go to court and will have to testify.
Answered on Oct 07th, 2013 at 3:19 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If you have been subpoenaed, you have to go to court. If you fail to show, the judge could issue a material witness warrant. If you choose not to testify, your husband could get off with the charges being potentially dismissed. Then where are you?? Back where you were before... so he can potentially assault you and your 1 year old son!! If you don't care about yourself, at least think of the welfare of your son. If such a situation occurs, you could end up loosing your son to CPS. Go to court and do what is necessary. If it helps, think of it this way... you testimony is a consequence of HIS actions. As I tell people who appear before me when I am sitting as judge... I never put anyone in jail. They put themselves there through their chosen course of action. A person can do whatever they want with their life... good or bad... as long as they are willing to accept the consequences that come from the decisions (good or bad) that they make. Think about it. If your husband is convicted, it is because of what he did, not what you did.
Answered on Oct 04th, 2013 at 12:11 PM

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Thomas Edward Gates
If you do not appear a warrant for your arrest will be issued.
Answered on Oct 04th, 2013 at 11:26 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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You have rights that you can exercise to avoid testifying but you should consult an attorney.
Answered on Oct 04th, 2013 at 8:47 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If you have been subpoenaed then you must show up and testify or else face contempt of court charges.
Answered on Oct 04th, 2013 at 8:33 AM

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A subpoena is a lawful order of the court to appear and give testimony under oath when called to do so. One is bound to testify truthfully to the best of his or her ability to recall events. A failure to appear, or a refusal to testify after appearing can subject the witness to punishment by the court for disobeying the court's order.
Answered on Oct 04th, 2013 at 7:43 AM

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