QUESTION
What if I received a subpoena about my boyfriend hitting me when he's drunk but I don't want to testify anymore?
Asked on Oct 25th, 2012 on Personal Injury - Montana
More details to this question:
My boyfriend hits me when he's drunk it's happened a couple times and both times the police have showed up. I was so upset at the fact he would ever do that to me so on both occasions I wrote statements. I was just recently subpoenaed to go to court. I do not want to testify against him. He is only like this when he is drinking. He's great when he is sober. I am not sure what I need to do. Do I need a lawyer? Any suggestions would be much appreciated.
14 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You need to sober up your boyfriend or this will continue for years. You cant use the police and courts to discipline your boyfriend. If you ask the DA to dismiss the case and tell him you don't want to prosecute he will likely do that. But he wont care for your wasting the courts time in the discipline process. Some judges and DAs are a little put out at ladies who make charges then change their minds. You would be better off if you had a lawyer deal with the matter for you.
Answered on Oct 29th, 2012 at 6:39 PM
Apparently the D.A. or other prosecuting attorney is moving forward on a charge against your boyfriend. The subpoena served on you is a Court Order and if you fail to appear, the judge can issue a bench warrant which would mean you would be sought out by the police and taken to court to answer the questions. You might call the DA or whoever issued the subpoena (or whoever you have been dealing with) and find out if there is some way you can avoid testifying. Unfortunately, you would probably be the "star" witness if the charges arose out of hitting you. You may want to consult with an attorney if the DA refuses to talk with you or work with you regarding your testimony
Answered on Oct 29th, 2012 at 6:39 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Contact the prosecutor who is handling the case and ask him to dismiss it.
Answered on Oct 29th, 2012 at 6:38 PM
Yes, you need a lawyer. You could be held in contempt of court if you don't truthfully testify. You have a dependency problem and need to see a counselor.
Answered on Oct 28th, 2012 at 2:42 AM
William C. Gosnell
You must go to court and tell the truth
Answered on Oct 28th, 2012 at 2:41 AM
You go to court and tell the truth. That's it.
Answered on Oct 28th, 2012 at 2:41 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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I speak to you as a father of a 23-year-old woman, not as an attorney. You need to dump this jerk immediately. Move out (if you're living together), tell him never to speak to you again (that includes text messages, phone calls, tweets, everything), and refuse to have anything to do with him again. Block his calls and text messages. Tell all your friends that you don't want anything to do with him, and stick to it. I don't care if he hits you "only" when he's drunk, he's not "great," he's a loser, an abuser, and a pitiful coward, and he will only hurt you more and more as time goes on. You are better than that, and you deserve someone who is kind to you and who won't hit you ever. You're better off alone than with anyone like this. Don't wait until he beats you black and blue, or puts you in the hospital, or maybe kills you. Dump him now. You will find someone else. You don't need this idiot. You need to get away from him right now. Don't give him the benefit of the doubt. Don't give him the power to hurt you ever again. Use your head. As for testifying, you should go to court, tell the truth, the whole truth, and nothing but the truth, and put this criminal out of your life forever. I hope you have the sense to do this. Ask anyone who loves you if I am not 100% right. God bless you.
Answered on Oct 28th, 2012 at 2:40 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You must respect the subpoena and go to Court. Get out of an abusive relationship.
Answered on Oct 28th, 2012 at 2:38 AM
Healthcare Law Attorney serving Sacramento, CA
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Beach | Cowdrey | Owen, LLP
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A subpoena is an order of the court. It cannot be disobeyed, or you will be held in contempt. I cannot tell from your description if you are referring to a civil or a criminal matter. If its a civil case, a lawyer can move to quash the subpoena. If its criminal case, I recommend contacting the person which issued the subpoena and talking frankly with that person.
Answered on Oct 27th, 2012 at 3:09 PM
Ronald A. Steinberg
When your boyfriend does something stupid like that, it is considered a breach of the public peace. That means that all of the citizens of the city have been bothered by him. So the officer in charge of the case becomes the Complainant, because the officer is representing the people of the city. You become the complaining witness, and you MUST testify. If you don't, you could get yourself into trouble. Also, if you do not prosecute your boyfriend, the next time he beats the crap out of you, the police just won't bother to come. Have you thought about dumping the boyfriend? Any guy who hits a girl is not a "friend."
Answered on Oct 27th, 2012 at 2:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have no choice. You must show up at the date, time and place set forth and when you do you must testify as to the truth, the whole truth and nothing but the truth. You can talk to his lawyer, tell him/her that you have been subpoena'd, that you'd rather not testify but that you have no choice. There may be limits on what the BF's lawyer can tell you, but at least you can try to minimize the impact.
Answered on Oct 27th, 2012 at 2:52 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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If you got a subpoena, you have to go. Period. Otherwise, you could end up in jail. As an aside, if he's hitting you EVER, he's garbage and you should dump him and make sure he goes to jail while you're at it. Then maybe some counseling so he doesn't do this to someone else. Good luck.
Answered on Oct 27th, 2012 at 2:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You must respond to the subpoena, and therefore you should consult with a lawyer. I would also warn you, in my experience of over 40 years of practicing law, that when ever there is multiple occurrences of physical abuse I recommend my clients immediately leave the relationship. There is no excuse and when you came back the second time, and are now seeking to cover him you have effectively provided him a license to make you his punching bag.
Answered on Oct 26th, 2012 at 3:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your BF needs some jail time. You need counseling too, badly. There is something in your history that prevents you from making the obvious and correct choice. Domestic violence is a crime against all of us, not just you. He's not that great, even when he is sober.
Answered on Oct 26th, 2012 at 3:42 PM