My fiance and I were arguing over my phone and money one night and he called the police, they came and assessed the situation, police told my fiance to leave and come back in the morning, he left the police left. Few hours later my fiance came back and asked to come inside I said no, he ended up punching the security door and leaving, the security door was damaged and could not be closed, I called the police, they came back out and said there was nothing they could do because it was he say she say and left. Next night the cops came and arrested my fiance while I was at my mothers house, which was crazy because they said there was nothing they could do, they couldn't prove he did the damage to the security door. The other day I was mailed a subpoena to testify against my fiance in the DV case. I think this whole thing is a mistake, everyone make mistake, everyone argues, and has there differences. We live in the same household, I have a child who we both take care of, and we are engaged to be married.
Once you call the police, especially in a DV case, it's out of your control. The prosecutor picks up the case and can prosecute it without your cooperation. If you fail to appear once being served the subpoena you can be arrested. You can certainly discuss your case with a local defense attorney, but you're not likely to get the subpoena quashed.
Please note, my answers to questions do NOT create an attorney/client relationship. Only after a written agreement is entered into between the parties is an attorney/client relationship created. Additionally, the responses posted here are done so on limited information and should not be fully relied upon without an in person consultation where the entire case is reviewed and discussed in detail.
If you have been served a subpoena to testify if you fail to appear you do so at your own risk. Technically, the prosecutor can have police come and physically take you into court to testify. It sounds like this is a misdemeanor offense in a misdemeanor court so that probably won't happen. If you don't want to cooperate in the prosecution anymore, call the prosecutor's office and ask to speak with their victim advocate. Then tell the advocate that you don't want to cooperate and want the charges dismissed. They most likely won't just dismiss the charges, but it will greatly lessen their interest in the case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline