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I was subpenaed for domestic violence. I am the victim and do not wish to testify and told them this already .

Cumming, GA |

I really do not wish to testify as it involves one son and the other was the one that called police. Now both my other son and I are subpoenaed. They have a system here that you can request to be placed on call if they need you which we did as it seemed better than just going to court but I want to be taken out altogether and the case dropped. I really don’t want to go and I really want the case dropped. My son that is accused can’t afford a lawyer but because he didn't file taxes he can't get a free one (they are asking him that to prove he can't afford one?). He has been unemployed and I have been supporting him. I already paid for his bail when he got arrested for this. This whole thing upsets me terribly.

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Attorney answers 4

Best Answer

Well... your son really needs a lawyer, and you can make your feelings about the case well known if you are called to court. Unfortunately there is nothing you can do to avoid being subpoenaed and having to appear. You can, however, research and explore whether you have some sort of "privilege" to not testify in the case if your relationship with the accused fits the "privilege" requirements in the OCGA. Google OCGA 24-9-27 and read part (a). That may apply to you.........

If you have a privilege not to testify then the court cannot force you.

Good luck!!
Josh Schiffer

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At this point I feel victimized by the system who forces me to go against my will... My son can not afford a lawyer as he is unemployed, the court gave him some free ones but they asked for his tax papers and he has not filled so he is facing court next week without a lawyer. I feel very stressed by all this...


I'm sorry that all of this is going on. If you were subpoenaed to go to Court or be available for Court, you must either go or be available. Your post makes it unclear whether this is a criminal or civil case. If it is a criminal case, the ADA is in control of the case and can prosecute the case without your assistance if s/he desires. If it is a civil case, you could inform the Court that as the victim/Petitioner you do not want to prosecute the case. Either way, if you were subpoenaed, you must go or be available.


I agree with the above counsel. If you are subpoenaed, you are required to appear. If you are his wife, there may be ways you can avoid actually speaking in court, but you would still need to appear. It sounds like this is a criminal case and the prosecutor is going forward without your help. In that case, there is not much you can do. Please make sure you do all that you can to keep you and your son safe.


If you or your son who is the witness don't show up in court, they will probably just dismiss the case. However, technicall the court can issue what's called a writ of attachment and have the Sheriff pick you up and take you to court to testify. I've never seen it done in a misdemeanor case. The writ of attachment is extremely uncommon.

Michael Stephen Moody

Michael Stephen Moody


However, if you are issued a subpoena, you have a legal obligation to honor that subpoena. The court could also hold you in contempt for failing to appear.