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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 |

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?

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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.

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.

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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,

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