Legal Question in Family Law in California
Spousal Abuse Case...HELP?
My mother was hit by my father and reported it to the police. They are still living in the same house and both he and she want the case to be over(ie him not going to jail). Now his lawyer is telling my father to tell my mother to "avoid"/"not receive" the letter to appear in court so that he can get off easily. If she avoids this letter, is she liable for any legal repurcussions? Secondly, is what this lawyer is advising a despicable act?
1 Answer from Attorneys
Despicable? I guess that�s a matter of interpretation.
If asked, I�m sure this attorney will say he was zealously representing his client. What he �might� have said to your father is something similar to this:
��if the complaining witness (your mother) fails to �receive� or respond to the subpoena to appear in court then conviction might be less probable or sentencing lessened��.
Describing the consequences of a theoretical set of facts is different than telling your mom not to show up in court. If the attorney did in fact speak directly with your mother, instructing her not to comply with the subpoena then the attorney could be opening himself up to charges himself (witness tampering) or losing his license to practice.
Yes, if your mother does indeed receive the subpoena and decides to ignore it she is exposing herself to a bench warrant and contempt of court charge. However, the legal liability may be the least of her troubles. If she chooses to ignore the subpoena there is a chance the charges will be dismissed for lack of evidence, in which case your dad has no consequences for his actions.
Good Luck!
Dawn R. VanHorn
Attorney & Counselor at Law
VanHorn Legal
(714) 396-4152
www.VanHornLegal.com
The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.
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