Q: Can the victim of a domestic assault refuse to take part of a deposition?
A: No. There are very few legal reasons that would allow someone to refuse to be deposed or to testify if they have been properly noticed or subpoenaed and served. One of the guaranteed rights in legal cases is the right to confront and cross examine the witnesses. If the victim is not sure if s/he has been properly called in, s/he can visit confidentially with his/her own attorney.
Is a person properly subpoenaed for a deposition required to appear at a deposition, the answer is yes. A person can be sanctioned by the Court for not appearing when properly subpoenaed. That being said, the party who had a witness fail to appear would have to choose whether to ask the Court to sanction the witness or not.
If subpoenaed for a deposition, you should either appear or seek an attorney for advice as to how to proceed.
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