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  1. #1
    cmillir is offline Junior Member
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    Can i Ignore a Subpoena

    I have been subpoenaed by the DA to testify against my spouse in a domestic battery case, and this is in Illinois. I really don't want to do that. Both my spouse and myself have a clean record, and this incident has been a giant, unfortunate misunderstanding fueled by alcohol. And things like that never happened before. I asked the DA to dismiss case but he wouldn't.

    I just want the whole thing to go away and go on with our life.

    Hypothetically say if I don't show up, what is most likely to happen to me? I don't want my spouse to go to jail, and I certainly don't want to go to jail myself or leave a criminal record for contempt of court.

    Any advice is appreciated.
  2. #2
    fairisfair is offline Senior Member
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    funny how those domestic abuse things are almost ALWAYS giant misunderstandings fueled by alcohol.

    One person (or both) gets drunk and forgets that the other person doesn't like being whaled on.

    Yes, you can ignore the subpeona. And exactly what you said will happen, can and will. A warrant will be issued for your arrest and you can be fined and/or jailed.

    What the heck though, he'll be there sooner or later to keep you company, when he/she either knocks the he11 outta you again.....or somebody else.

    Oh. and save your "YOU DON'T EVEN KNOW HIM" blah blah blah..

    I know him.....and I know you too... or at least a hundred other people just like you.
  3. #3
    BL
    BL is offline Senior Member
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    Read your summons .

    Then consult a local criminal attorney .

    You don't have to hire one , just consult him on your options .
  4. #4
    cmillir is offline Junior Member
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    I agree with you about the statement " you don't know him " blah blah, however, this was the 1st time and i have already put measures in place for separation and then ultimately divorce. this does not mean i want to ruin his life or mine for an isolated incident
  5. #5
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by cmillir View Post
    I agree with you about the statement " you don't know him " blah blah, however, this was the 1st time and i have already put measures in place for separation and then ultimately divorce. this does not mean i want to ruin his life or mine for an isolated incident
    He ruined his own life. Are you willing to go to jail for contempt for ignoring a court ORDER?
  6. #6
    fairisfair is offline Senior Member
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    Quote Originally Posted by cmillir View Post
    I agree with you about the statement " you don't know him " blah blah, however, this was the 1st time and i have already put measures in place for separation and then ultimately divorce. this does not mean i want to ruin his life or mine for an isolated incident
    how about two isolated incidents, would that be enough?? how about three?? too many???

    you have been ordered to court.

    period.
  7. #7
    BL
    BL is offline Senior Member
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    BTW , quit being an enabler , and quit denying
    what really occurred .

    It was battery .

    It wasn't just an " unfortunate misunderstanding fueled by alcohol "
  8. #8
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by cmillir View Post
    this does not mean i want to ruin his life
    But you're willing to help ruin his future victims' lives??????? WOW, how noble of you
  9. #9
    Ohiogal is offline Senior Member
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    If you don't go I guarantee you will win the sweepstakes -- an all expense paid trip with meals, lodging, and site seeing -- well not pretty sites but interesting ones.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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