Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?
My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA office stating what happened and what I said was false and they have subpeona me and my children and I dont want my children involved in court. They are in school
A: Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to retain a lawyer (not the one who's representing your wife) to help you navigate dealing with the district attorney's office and your prior statements under such circumstances.
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