Legal Question in Criminal Law in California

Did you receive the subpoena in the mail, or was it personally delivered to you? Service by mail is not complete until you call the party who sent the subpoena, identify yourself, and acknowledge receipt.

If you were validly served with a subpoena and do not show up, the judge can issue a body attachment, which is like an arrest warrant for a witness. If you refuse to testify, the judge can place you in jail until you agree; however, in a domestic violence case, the judge must order you to complete a counseling program or do community service at a battered women's shelter before you can be locked up for contempt.

You might contact your boyfriend's attorney, but most defendants' lawyers are very cautious about answering questions like this because their actions might be interpreted as dissuading a witness. You may want to seek independent advice from a criminal defense attorney.

If you refuse to respond to a properly served subpoena, you can be arrested and brought before the Judge.

Regarding what can happen to your boyfriend, that will depend on what additional evidence is available if you are unavailable to testify. You should know that the Prosecutor can also refile the case if you make yourself unavailable. This is unique to DV cases since, as you implied, you are not the first person to respond in this manner when they are called to testify against their child's father.

You may want to think about yourself first. Your child will not benefit by having two parents in legal trouble.