I'm due in court in 8 hours time to testify about my ex hitting me on a 2nd common assault offence.
The CPS have asked me to attend as witness, which I agreed (but personally didn't want to - stress!) - because otherwise they would summon me.
They are the ones prosecuting, not me. I dont think I can attend, what will happen if I dont show. I should be in bed now, but can't sleep, worrying about this.
Don't get me wrong, my ex is a complete idiot and has lost me for life for what he did, but I cant face the court thing - feel ill.
2007-07-10 13:23:58 · 16 answers · asked by Ylang-Ylang 6 in Politics & Government ➔ Law & Ethics
Sorry about your situation.
The CPS have behaved badly but, you have left it very late to sort it out. If you cannot possibly face it then you must contact the CPS and explain that you are too ill to attend, as soon as possible. Get someone to ring for you if neccessary. See your G.P. and then get some legal advice from the Citizen Advice Bureau or Victim Support.
Try not to worry please. You are the victim here. Whilst you perhaps have a duty to attend, there is also a duty for you to be looked after and advised properly and that hasn't happened.
2007-07-10 14:13:01 · answer #1 · answered by bouncer bobtail 7 · 0⤊ 0⤋
Having worked in the court system for over 26 years, I can only say that you do need to appear in court and you do need to testify. In Domestic Violence cases, it is always the District Attorney or Prosecutor that prosecutes. Sometimes the victim just does not have the energy or will to do it. Go to the court first thing in the morning and find where the prosecutors office is and ask to speak with the person trying your case. Talk with him or her and tell them you fears. They will help you through this.
I have seen women who have not appeared in court against their spouse/boyfriend/ex or have asked the court not to prosecute them and have had the woman get brutally assaulted again and in one case, murdered. He is being charged with a 2nd offense and obviously has an assaultive record. He needs to be sent a message. Go to court and testify. Hopefully when he gets out of jail or prison, he will leave you alone. You can only hope.
2007-07-10 20:34:14 · answer #2 · answered by ? 7 · 0⤊ 0⤋
If you dont turn up, the police will come round and find out why, so you may as well get it over with, all you have to do is tell the truth, thats it, most court cases are not like you see on the telly, you will not be tried in legal knots by a lawyer, they just want to hear your side of the story, so tell the truth, the whole truth and nothing but the truth!!
good luck and dont panic, you will be fine.
2007-07-10 20:52:35 · answer #3 · answered by magpyre 5 · 0⤊ 0⤋
Oh darling - I know this is hard, but you have to go. If you have agreed and don't go, they will issue a bench warrant and then you'll be in trouble which is an absolutely wrong turn in these events. Court isn't so bad - you CAN do it. Just go in and tell what you know and leave. Don't let the stress get to you. It's like letting him win again. Be strong. And get some rest. The sun will come up in the morning!
2007-07-10 20:29:19 · answer #4 · answered by .. .this can't be good 5 · 2⤊ 0⤋
If you are asked to testify you will be informed
it is normal to be nervous to testify due to stress
the lawyer will brief you what is expected to happen
what can happen if you don't testify like you agree
the judge can send out a warrant
to have you appear ( subpoena )
you ex sounds like an idiot my dear
just do the best you can.
you will be questioned by your lawyer then a second time by your husband's lawyer. This process is known as cross examination. This questioning is to see if your testimony is accurate. Rest assured you ex will have to go through the same process with your lawyer when he or she cross examines him.
2007-07-10 21:26:42 · answer #5 · answered by sweet_blue 7 · 0⤊ 0⤋
I really feel sorry for you, you are left in a position where you obviously feel you could be putting him away.
1. He chose to hit you
2. You will get help at the court, they will undestand your reluctance to testify.
3. Unfortunately you must go, failure to attend could end up with a bench warrant for your arrest, so that you would be taken to court by the police.
Finally, the scumbag deserves all he gets, no one has a right to hit a woman and get away with it.
2007-07-11 04:56:37 · answer #6 · answered by streetblitzer 3 · 0⤊ 0⤋
Go through with it sweetheart and then come back here and talk it out. From what I've read in the replies so far, the only thing you'll get is support from the folks here.
2007-07-11 08:10:31 · answer #7 · answered by HUNNYMONSTA 3 · 0⤊ 0⤋
you can do it girl. i can only imagine how stressful this must be for you, and i know how bad stress can get. but you got this far into taking him in. you can go all the way. im sure you have your friends and family who will support you and keep you strong. and if it turns out you need to cry during the testimony. just do it. dont hold anything in.
2007-07-10 20:39:38 · answer #8 · answered by xmoanix 3 · 1⤊ 0⤋
Local laws vary but most courts can compell you to tesify and penalize you if you don't. If they've gone to the trouble of bringing him to trial I doubt they'll be terribly amused if you don't show up.
2007-07-10 20:32:14 · answer #9 · answered by gunplumber_462 7 · 0⤊ 0⤋
The guy is a moronic coward who hits women, you have the opportunity to remove him from society for a while, or at least 'pay' for his crime, why wouldn't you want to do that, if not for society, if not for you, but maybe for his next unfortunate girlfriend?
2007-07-10 20:29:48 · answer #10 · answered by vwcarman2001 5 · 1⤊ 0⤋