QUESTION

When someone receives a subpoena in a domestic violence case, does the witness or the victim have to testify if they do not wish to do so?

Asked on Mar 04th, 2005 on Criminal Law - New Jersey
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When someone receives a subpoena in a domestic violence case, does the witness or the victim have to testify if they do not wish to do so?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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A subpoena is essentially a court order to appear. Victims of domestic violence are often reluctant to testify. However, if you disobey a valid subpoena, you do so at your peril and may subject yourself to sanctions by the Court. Witnesses and victims do not have the right to have a cased dismissed. The decision to prosecute rests solely with the Prosecutor. Office. Incidents of domestic violence are deemed to affect the public, not just the parties involved. Courts view the public as having an interest in fairly resolving the case, and if you have been subpoenaed, your testimony could be crucial to this process. While the Court can hold you in contempt of court and punish you, it is likely to try alternatives first, such as rescheduling the court date or asking that a victim's advocate consult with you.
Answered on Mar 04th, 2005 at 12:19 AM

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