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.
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.
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.
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.
