Sacramento, CA asked in Criminal Law, Civil Rights and Domestic Violence for California

Q: What are consequences for the victim?

Hello my question is what are the consequences for the victim if she refuses to testify in court? Also what are the consequences if spoken and seen the defendant if there is a no contact order in place?

2 Lawyer Answers

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Is there a subpoena requiring the victim to testify? If so, violating a court order may be grounds for a contempt order. As for the no-contact order, it depends on the facts. Was the no-contact order issued to you for someone else's protection? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

if handled correctly where the victim has her own lawyer it can probably be worked out.

if there is subpoena and she doesn't testify then the wit can be held in contempt of court.

the victim is technically not the victim as the state of California is the victim. Thus the Vic can not decide to not testify.

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