Legal Question in Criminal Law in Florida

contempt of court

my husband and I are the victims of a violent crime, in which we have had to have injunctions of protection against a person. now that this person is being pursued by the state attorneys office, they have obtained legal counsel, and we are being subpeoned by this defendants attorney. We are refusing to attend, or be served, as we do not wish to expose our family to this harassment. we have been told that we will ''be held in contempt of court'' if we do not cooperate. What legal ramifications does this have for us? Will we be arrested, as the defendants attorney alleges? don't we as victims have any rights regarding this?


Asked on 10/03/02, 9:50 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: contempt of court

The Defense has a right to confront his accusers. That is a Constitutional Right we all share. However, as a victim you do have statutory rights that the Florida Legislature has enacted. I suggest that you contact the State Attorney's Office [SAO] that is handling the case and tell them the situation in which you find yourself. Most SAOs have victim advocates to assist you. As to the question regarding the subpoena - a subpoena is an order authorized by the court. Refusal to obey will expose you to contempt of court.

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Answered on 10/04/02, 9:24 am


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