Legal Question in Criminal Law in Indiana

Re: Domestic Battery/Criminal Confinement

Whether your out court statement which is hearsay qualifys as an exception, i.e. an "excited utterance" will depend on circumstances which the court will have to determine. If you refuse to obey a subponea, you could be held in contempt of court. The state may request that the court send an officer to your home to escort you to court. Remember this is a court order, not a request. Chances are that if the state does not have a complaining witness, it may have to dismiss. Yet, it could refile the charges down the road. You can't prosecute, its always the state because the offense is a violation of state law. You are only a witness. If you don't wish to participate, its something everyone should have thought of when someone thought it was a good idea to involve the police. You now have a good idea of what could happen. The choice of what you do now is yours alone.