Legal Question in Criminal Law in California

Re: Domestic Violence

The victim can elect not to testify. However, the court can issue a subpoena forcing the victim to come in to court and give testimony. If the victim does not comply with this order, he/she can be found in contempt of a court order and face charges.

The best route to take is to talk to your attorney and have him or her convince the DA and the judge that the charges should be dropped or lessened because their witness/victim does not want to press charges or testify.

Feel free to contact me if you would like to discuss it further and do not have an attorney. Best of luck!

Re: Domestic Violence

In California domestic violence (DV) cases, the victim can be forced to testify against the defendant. This is true even if they are married; the privilege which normally says one spouse can't be forced to testify against the other doesn't apply in DV cases.

If the victim fails to come to court after being served with a valid subpoena, the court can (and usually will) issue a bench warrant. Deputies will then bring the victim to court, and will do so by force if necessary. If the victim still refuses to testify, he or she will typically be held in contempt. This usually means being jailed until he or she has a change of heart about testifying.

A victim who testifies but lies under oath can be charged with perjury, which is a serious crime.

Re: Domestic Violence

Yes, yes, contempt.

Re: Domestic Violence

In most situations, the prosecution will not be able to proceed with the case without the victim to testify in court. Whether your case could be one of those rare cases where the prosecution might be able to convict you without the victim's being in court, you need to find out through a confidential consultation with a lawyer.

Feel free to contact my office if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.13t61

www.lentzlawfirm.com