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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 04-21-2006, 04:07 AM
shy76 shy76 is offline
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Join Date: Apr 2006
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Default Avoiding a subpoena
I was a complaining witness against my spouse in a domestic battery case and was subpeona'd by the da. I did not show up and the da requested the judge to hold me in contempt and she wanted a continuance with 2 hearings..one for my contempt and the other for the battery case. The judge did not answer her request but said he will postpone the trial and that I should be subpeonad again and if I didnt show then will be arrested.

Does that mean he did did not hold me in contempt as he didnt say anything about that in open court? or he can change his mind later and charge me?

Also I have left the state in order to dodge the subpoena. Can the da find me and subpoena me if I keep a low profile or she doesnt have jurisdiction in any other state? With a contempt charge will it be hard for me to leave the country? Can a lawyer handle this case in my absence, Ive heard its only a fine.

Also if the da didnt go to trial in my absence, does that indicate her case is weak without me and can she go to trial the next time?
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Old 04-21-2006, 09:58 AM
cdwjava cdwjava is offline
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Depending on the laws in your state they can probably issue a warrant for your arrest.

What is likely to happen is your spouse (who loving whacked on you) will get HIS case dismissed and YOU will forever have an arrest warrant hanging over your head thus restricting access to government services and loans, and possibly resulting in a license revocation as well.

So, spouse gets off free and you get to face jail. Is this REALLY what you want? Is the spouse - and his actions - worth going to jail over?

Of course there is also the possibility that if you get hooked up within the statute of limitations (could be years - depending on the state and the crimes alleged) then they could go to trial anyway.

- Carl
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