Bethany, OK asked in Domestic Violence for Oklahoma

Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?

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1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot prosecute you for not wanting to testify. In some cases they are just concerned that you are safe, so if you let them know that you are safe and wish not to testify, t hen you should be fine.

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