My ex ,trashed my house & hit me. He pled guilty to it. He then got locked up for shouting abuse outside my house.He pled not guilty.I have just lost his baby,and can not take any more time off work.I have told the court this. I can't go, I am too scared of him!!!
2006-06-20 03:39:40 · 28 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, once you get a summons to go testify as a witness, you must go. That is disobeying court orders. Your work HAS to legally give you time off. And don't worry about him... just be honest and take it one step at a time. Good luck!
2006-06-20 03:45:01 · answer #1 · answered by ddevilish_txnfml 4 · 0⤊ 0⤋
What you can do is phone up the courts ask to speak to witness service tell them what is happening. You may still have to go but they can help with your boss, you see as a witness they can not fire you and they have to give you time off, otherwise your boss is breaking the law. Now being scared, the police should be spoken to also the witness service team can do things for you like a video link so you don't have to be in the room with him, or a screen, so even though your scared you don't have to see him, which may help a little. Also as you are going through so much and so awful to loose a baby not just his but yours to please get a counsellor to talk to maybe women's aid they know what your going through and have been there, they support in so many ways. Look in the phone book in the front they list help and support for you. Not only that but they can help support you through the ongoings on court. Take care i wish you well.
2006-06-20 11:04:50 · answer #2 · answered by tracey 2 · 0⤊ 0⤋
I don't know where you're from and how the system works in your country but in the UK the prosecution can apply to the court for you to give evidence from behind a screen so you're partner won't see you giving evidence (note: the defence are likely to oppose this application).
Also, if you refuse to give evidence, the prosecution can apply for your police statement to be read out as opposed to you giving live evidence (again, the defence are likely to oppose this is a decision for the court to make).
The CPS in England are taking a tougher stance on domestic violence and are more reluctant to drop cases due to so many women being scared and the men getting away with it.
You could be witnessed summonsed (arrested and brought to court) and if you refuse to answer questions in the box you could be declared a 'hostile' witness the prosecution will then cross-examine you.
2006-06-20 11:01:02 · answer #3 · answered by LONDONER © 6 · 0⤊ 0⤋
Like others have said, if you've been subpeoned, you must go. But you do have protection - there should be a "victim, witness" office/support in the court. (Depending on the state you reside in.) They are a separate arm of the court system (not funded or connected to the DA - but usually work with them) - they can help you prepare for testimony, talk with your employer, provide protection etc. Ask the judge or DA about the service - it is free and generally provided by the county.
2006-06-20 10:53:32 · answer #4 · answered by Cari C 1 · 0⤊ 0⤋
First, I am so sorry for your loss.
There are a few things I wanted to say.
Yes, you can be subpeoned, and that means you do have to go to court. You can be held in comtempt of court if you don't. That's what you probably don't want to hear. However, have you talked with the assistant district attorney who is trying the case? They want to make things as easy as possible for you. With the loss of your baby, are there health concerns in appearing before court? If so, tell them.
Also, you are entitled to a Victim/Witness advocate. Your advocate is someone who is appointed to help you through all this - go with you and support you, be someone to talk to. You will not have to face this process alone. They can also help you and provide you with services, such as couseling and reimbursement for things that you lost as a result of this crime. They will talk to your employer if you like, telling him only what you allow them to say. Your employer cannot hold it against you for appearing as summoned in court, and any wages you loose as a result of your court appearance you can submit to be reimbursed as an expense incurred as a result of the crime.
Hope that helps, hang in there - I've been through this too.
2006-06-20 10:55:48 · answer #5 · answered by aurorab345 2 · 0⤊ 0⤋
You need a protective order to keep him away from you if he gets out of jail. If you have been served with a subpoena or a summons to appear in court, they can put YOU in jail if you don't go. Call your local bar association or legal aid society and ask if you qualify for free legal representation to protect your rights.
2006-06-20 10:44:33 · answer #6 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
As an ex-police officer I hated going to these types of calls...
You get there and the woman demands the man be arrested.
You arrest the man.
Do lots of paperwork.
Go to court.
The woman doesn't show up.
Case dismissed.
One week later...
You get there and the woman demands the man be arrested.
You arrest the man.
Do lots of paperwork.
Go to court.
The woman doesn't show up.
Case dismissed.
One week later...
You get there and the woman demands the man be arrested.
You arrest the man.
Do lots of paperwork.
Go to court.
The woman doesn't show up.
Case dismissed.
One week later...
Police officer gets in womans *** for not going to court.
Woman complains because man not arrested this time.
You arrest the man.
Do lots of paperwork.
Go to court.
The woman doesn't show up.
Case dismissed.
One week later...
Woman put in hospital with multiple fractures.
Woman sues police for "not protecting" her.
Woman loses in court.
Moral of the story:
If you're not going to uphold your end of the deal then don't call the damn police! We have better things to do than babysit someone...
If you received a subpoena, and fail to show up then you can be arrested. If so, hopefully they arrest you for failing to appear, and wasting the taxpayers money.
2006-06-20 15:16:01 · answer #7 · answered by Whitey 3 · 0⤊ 0⤋
You do have to go if you've been summonsed (in UK law), but maybe you could ask your lawyer or the court to let you give your testimony on a video, like they do in cases with children.
This could mean that you wouldn't have to be in the same room as him, and may mean you can do it at a different time.
There's no harm in asking.
Good luck.
2006-06-20 10:47:53 · answer #8 · answered by Dinnerlady 2 · 0⤊ 0⤋
you have to appear if sent a summons/subpoena. Otherwise you could be held in contempt of court. There will be security at the courthouse so you are safe. If he is as bad as you say you need to make sure he is punished. He may kill the next woman!!
2006-06-20 10:44:53 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Go. It takes a lot of courage, but you need to go. The judge needs to know what you know in order to sentence him appropriately.
He is obviously out of control. You would be doing him and you a big favor by telling the courts exactly what you did and what happened.
2006-06-20 10:46:34 · answer #10 · answered by Roseknows 4 · 0⤊ 0⤋