Cleveland, OH asked in Domestic Violence for Ohio

Q: My son (15) victim of DV was subpeoned. Does he have to show up to court?

My son was subpeoned for a dv case with my former boyfriend. He does not want to testify. He exaggerated the story and has since admitted it, and that he did swing at my ex. There was a children service case on this matter that was dropped, but the school cop decided to still press charges. Can he refuse to testify based on the law stating victims of dv/sexual assault do not have to testify? Can he just write a statement of what happened and refuse to answer any more questions? Should he plead the 5th since he lied? My ex is claiming self defense. If he is able to not testify do I contact the prosecuter and tell her this?

Sorry if this was already posted it wasn't linked on my account the first time and I cannot see the answers.

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2 Lawyer Answers
Roger  Bouchard
Roger Bouchard
  • Domestic Violence Lawyer
  • Licensed in Ohio

A: Yes, if he was subpoenaed he has to show. He does not have to testify, but the court may go forward without his testimony based on alleged facts of case via law enforcement.

Todd B. Kotler
Todd B. Kotler
  • Canton, OH
  • Licensed in Ohio

A: A subpoena is a court Order. Technically, failing to appear is punishable by contempt. He can get on the stand and not answer a question that may implicate him in a crime. Not showing is not an option if you care about following court Orders.

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