Being Subpoenaed to Criminal Court proceedings by Abuser?

[newstar8322]

What is the name of your state (only U.S. law)? Kentucky


I have a DVO against my abuser, we are supposed to be at least 500 feet apart. He has a criminal case coming up that the state is pursuing from where he stole many expensive items from me.


The county attorney said that I could be subpoenaed by either the prosecution or the defense during these court proceedings, but I'm worried that if my abuser doesn't get a lawyer, then he'll be able to question me directly in court. And I would really rather never see him or hear his voice ever again. If he sends me a subpoena is there any way I can get out of it? Maybe provide a written statement? Do I have any rights as a victim to not allow him to come at me in open court?

 

[single317dad]

One of the basic rights (via the sixth amendment to our constitution) is for criminal defendants to face their accusers:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The judge will not allow him to intimidate or assault you in the court. You should coordinate with the prosecution and/or sheriff (or whomever provides courthouse security in your jurisdiction) to allow for your safety entering and leaving the premises. Honestly, I'd be more worried about the days leading up to the trial than the actual court date. I don't say that to frighten you; it's simply the truth.

It is very important that you find it in yourself to appear and testify at this hearing, as failure to appear could lead to dismissal of the charges (if the prosecution decides they can't make their case without your cooperation), allowing the defendant to continue his behavior more easily. You can also be compelled to appear, or held in contempt of court for failure to appear for some subpoenas.

Good luck.

 

[tranquility]

I agree with single dad, you have to appear, but, you will have armed protectors around you.

Think of the last time you heard in the news anywhere where a witness was hurt by anyone else in the court. The Man plans for such things. You have nothing to fear.