Skip to main content

If an individual is asked to go to court to speak against someone and they don't want to, do they have to?

Austin, TX |
Filed under: Domestic violence

Domestic Violence. Happened in 2011 around October. The person does not want to go to court and speak against this individual. How do they avoid going to court unwillingly?

Attorney Answers 3


If the person has been properly subpoenaed and they don't appear, then the judge could order a writ of attachment (arrest) and have a deputy come take them to jail. If not properly subpoenaed, there is no consequence. The witness should call a local criminal defense attorney for more info.

Mark as helpful

9 lawyers agree

1 comment

Daniel O'Brien

Daniel O'Brien


If the witness is afraid of some reprisal for provided testimony or if they are afraid of implicating themselves in a crime, then they should also contact a criminal defense attorney.


Speak to a lawyer.

henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Mark as helpful

2 lawyers agree


If not under subpoena, then no requirement to attend. If under subpoena, then failure to attend could result in a deputy coming to bring that person to court.

Austin Family Violence Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

Mark as helpful

3 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics