Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)
We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to the subpoena? How can I help remove this stupid no contact order that’s been in place for far too long. We have never had a restraining order, nor have I ever requested one.
A: Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary. If you fail to appear and testify you may be subject to arrest. If there is some legal basis to quash the subpoena, your attorney can ask the court to do so but it needs to be before the date of your appearance.
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