Legal Question in Criminal Law in Colorado

Do I have to testify if subpoenead in a case in which I am a victim?

My boyfriend was arrested for domestic violence against me. We are still together and now I found out that I am going to be served a subpoena to testify in the case.

I do not wish to have any involvement in the court proceedings and have expressed so from the beginning.

Am I still required to testify??? Are there any ways to avoid it legally?


Asked on 3/20/01, 2:40 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Do I have to testify if subpoenead in a case in which I am a victim?

Once the call is made, control is lost. The matter cannot be dismissed by you at this point.

You can dodge the subpoena; if they serve you, you can refuse to appear. You may well run the risk of being in contempt of court for failing to obey the subpoena, but typically the consequences aren't great.

You can also appear and testify and tell the judge that things are OK now, there have been no repeats, and you don't want him punished severly; if the two of you get into relationship counseling that will be a major plus.

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Answered on 5/25/01, 10:38 pm


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