Legal Question in Criminal Law in California
If a parent is subpoenaed by the district attorney to testify against their child in a misd case- can the refuse?
3 Answers from Attorneys
You would be in contempt of court, and as an officer of the court I am required to advise you to testify, but if it were my child I would tell the DA and the court to go pound sand -- regardless of the consequences.
There is no parent-child privilege that would exempt a parent from testifying against her child or even allow her to refuse to answer specific questions. If the parent refuses to come to court, a sheriff's deputy will find her and bring her there. If the parent resists, the deputy will use force. If she refuses to answer questions when she is in court, she can (and probably will) be held in contempt. I don't envy anyone in that position.
Mr. Hoffman is correct. There is no privilege for a parent to refuse to testify against a child. If you fail to comply with the subpoena you could be arrested and taken to the hearing, and even charged with contempt.