How can I not testify even when subpoenaed ?

Question

I am the victim in a domestic violence case but I do not want to testify. I live in the state of Colorado, and got supoenaed today. How can I get out of it?

He's my baby's dad and I do not want anything to happen. It happened, so there is nothing I can take back.

If I'm on the stand, can I just say " I don't know" or " I don't remember."

Answer 1

If I were the victim I would testify by shouting what the creep did.

If you really want to be quiet, instant amnesia is often used ... i don't remember, the chicken way out.

Answer 2

I was a domestic violence prosecutor for 10 years, so I can give you the run down:

1. If you ignore your subpoena, you are subject to being found in contempt.

2. If you show up and say, "I don't know," the prosecutor will use your statements to police to impeach you, rendering your testimony fairly irrelevant (since it's easy to go down the battered woman road.)

3. If you're a hostile witness, the prosecutor can have you declared so, and then essentially "cross-examine" you.

4. If you take the Fifth, the prosecutor should offer you use immunity, which will compel your testimony anyway.

There's no good reason not to just go and tell the truth. It's his problem to deal with now, since he's the one who did it. All these collateral problems should have been thought of before he started hitting. Don't compound it by making it a problem for both of you. Who's going to keep your kid if you both go to jail? You're not going to make things better by trying to get out of testifying. From my experience, once it happens the first time, it usually keeps happening, with worsening severity.

Answer 3

you cant i dont think. but talk to your lawyer.
if you are the victim....... wouldn't you WANT to testify? so that either you or someone else doesnt get abused/beaten whatever?
Although... that whole fear factor is a big thing in testifying.
Even though retaliation against [you] for testifying/being the victim of said crime etc... IS against the law.... that doesnt necessarily mean anything .... i've found out that psychotic people really dont care about if they are breaking the law or not in their endeavours to make your life miserable and your mind a wreck... so long as they can find pleasure and get a few chuckles out of making your life a living hell.
Talk to your lawyer. Perhpas he/she can work something out with the judge. you need to look into Colorado Law. (every state is different).
I'm assuming there's more to the case than what you're saying.

Answer 4

You can't force the victim of a violent crime to testify, Go to the hospital the day before the trial, and tell the triage nurse at the E.R. that you are feeling like hurting yourself, this will fast track you to a 72 hour physciatric evaluation, just say you feel so guilty about getting your boyfriend/husband arrested you want to hurt yourself, dont say kill yourself, they will treat it as temporary nervous shock due to having to testify in court, and you'll get a waiver from the psych doctor. the state is going to prosecute anyway, if this is his first offense, he will most likely get his felony dropped to a misdemeanor and plead out to one year anger management classes, a fairly hefty fine $3,000 - $5,000, the majority of that will go to funding battered womens shelters, and anywhere from time served to 60 days in county jail. If this is not his first violent offense, the felony will stick., either way he automatically looses gun rights for 10 years, if the felony sticks, he will be able to have a bow, or black powder gun, and thats it. i went through this personally in california, and now i reside virginia, so 7 more years till i can get my 500 magnum back from my dad's gun safe.

Answer 5

If you are worried about your safety, talk to the D.A. You can probably get a protective order, but if they really want to prosecute, then you can't get out of it.

I want to encourage you to do it. You might not want to right now, but think about all of the potential victims that you might be sparing by helping to put the perpetrator in jail. It was the hardest thing I ever did, but being strong for everyone else helped me get through the ordeal... when I found out about all the other victims I was all the more satisfied with my decision. It's empowering.

Answer 6

Sure, you can lie... and get charged with perjury... You can refuse to talk... and be charged with contempt of court.... You can not show up.... and have a bench warrant issued for your arrest. You can drop the charges...and be charged with filing a false report.

Why are you protecting this deadbeat. He may be the father of your child...but he is NO Dad. An abuser doesn't stop - ever... He should be in jail...or are you going to wait until he starts beating the child before you do anything.

Answer 7

Ummm...that's rough. Hopefully you have a lawyer and if not, you really need to get one. Of course, if you get supoenaed then you have to have to go or they can get a warrant for your arrest. However, and I'm not up on Colorado state laws, there are exceptions and loop holes. Contact a lawyer if you don't have one, immediately.

Answer 8

as a "hostile witness"
you can be compelled to testify and if u dont u can be found in Contempt of court which may cause You to go to jail

Answer 9

The only way I know is to die. Not what you wanted to hear, huh?

If you received a subpoena, you'd best be there or they will file charges against you.

Answer 10

Do the right thing, testify