Q: I got summons to testify on my now ex boyfriend on domestic violence. Assault and battery. Can I refuse to testify?

A: You are a 'witness' to whatever happened that started the criminal charges involving your ex boyfriend, and the DA's office has issued a summons for your testimony. Whether you have a *right to refuse is very different than not participating or cooperating in the prosecution or not going to Court.

For example, any witness in Court can decline to testify if they have a 5th Amendment right not to testify. That would be asserted in Court. Usually a lawyer will help the witness determine if it is a valid exercise, as the basis may be confidential and not apparent to the Court. A 5th could arise from a setting where the witness committed a possible crime before, during or even after an incident that could get them in trouble were they to testify truthfully. Sometimes a witness might have a marital privilege not to testify against another person. Otherwise, there are no *rights not to testify. If you are in Court on the day of a trial and simply do not want to testify, a Court may Order you to anyway.

The next consideration is what happens if you do not go to Court per the summons. If you do not show up, the prosecutor may be able to present the case/evidence without you anyway based on evidentiary rules that could admit your previous statements. If you do not show up and your testimony is needed, the prosecution could get dismissed. How far the DA might go to have you come to Court might also depend on how dangerous the Defendant is, prior record, prior issues of abuse, how serious the injury etc. Some will try a 2d time to get you to come to Court. Some won't and will allow the case to be dismissed if they are confident you won't come to Court and testify, and are not being threatened etc. That seems to vary from court to court as a matter of policy.