Momence, IL asked in Domestic Violence and Family Law for Illinois

Q: Does a victim in a domestic violence case have to testify?

i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify?

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Domestic Violence Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the state's attorneys office that subpoenaed you and explain your fears. The state's attorney is trying to protect you. You should know that it is possible if you do not testify that the police may be less likely to help you in the future. That's not a good place to be.

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