If I have been court ordered or ‘soapena’ to testify in court as a victim, do I have to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been court ordered or ‘soapena’ to testify in court as a victim, do I have to?
I am a victim in a domestic violence case by a family member. Will I have a warrant for my arrest if I don’t show up?
Asked on September 10, 2016 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that a subpoena is a direct court order for a person's appearance at the time and place specified. If a subpoena is validly served but ignored, the prson that it was served on can be held in contempt. At that point, a warrant for failure to appear can be issued for their arrest and they can face fines, jail or both. While some victims refuse to testify by "pleading the 5th" (i.e. their right against self-incrimination), they are not successful. This is because this right can't be invoked simply because the witness does not want to testify; it only applies if their testimony would cause them to incriminate themselves. And a witness who refuses to testify can also be held in contempt of court and arrested and fined/jailed. Additionally in domestic violence cases, some spouse's think that they can invoke "spousal privilege" (i.e. the right of one spouse not to have to give testimony against the other spouse). However, virtually all states have amended their spousal privilege statutes to make an exception for domestic violence victims. Bottom line, you must appear in court and testify if called upon to do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.