Legal Question in Criminal Law in Colorado

Rights of a parent when their child is being subpoenaed

My 12 year old daughter and I are both subpoenaed to appear in court in a case involving domestic violence. I do not want my daughter questioned by the DA or made to testify.

Do I have the right to refuse permission for this and if I do, what are the consequences?


Asked on 5/25/04, 5:42 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Rights of a parent when their child is being subpoenaed

Before you make a choice, you must know if you were served with the subpoena properly. Often DA's subpoena witnesses through the mail. This is not personal service and therefore, you are not under a court order - you are not subpoenaed. If you got these notices through the mail, then you likely were not properly served.

If you were properly served, then you risk a contempt of court citation and a possible six month jail sentence. This is not likely, but possible.

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Answered on 5/25/04, 12:56 pm


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