Asked in Domestic Violence for Oklahoma

Q: If I am a victim of domestic abuse and have been subpoenaed can I plead the 5th when asked to testify?

Related Topics:
1 Lawyer Answer
Evan Humphreys
Evan Humphreys
  • Domestic Violence Lawyer
  • Guymon, OK
  • Licensed in Oklahoma

A: If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma Victim's Rights Act both give crime victims other rights, such as the right to be kept informed about the status of the criminal defendant's case and the right to refuse an interview request made by the criminal defendant or their attorney (but the victim cannot refuse to appear when they have been subpoenaed.

You can find a list of your rights here:



Your local domestic violence center can be a good resource to learn about your rights. You can find centers here:

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.