Domestic

[lad204]

What is the name of your state? West Virginia
I will try and make this short, back in June of 2003, their was an argument at our home between my daughter(18) and her step father, which my daughter boyfriend started, she got in the middle of the argument and hit her step father, the boyfriend in turn went to the neighbors and told them to call the police, by the time they got here everything was cleared up. This is the first time this has happened, no trouble before. The police ask want happened, and they said this can be either cleared up or someone goes to jail, which in turn we told them everything that happened, and they said someone had to leave, and my daughter said she would, because my husband said he wasn't pressing charges, well the cops came back in and said they changed their minds because they were afraid I might sue them, and also that they were using the OJ Simpson case, so they turned around and arrested my daughter. Here's the butt kicker the State has taken over, and they subpoena my husband last night 2/23/2004 for the state, and he can't get out of his job, because he delivers on a time schedule to stores and has no replacement and they want to do this on Thursday 26 and friday 27th for a pretrail hearing and a trail hearing, he called the Magistrate Court and told them this that he needed at least 2 weeks notice and they said they would find him in contempt. Any help with this case or subpoena. ASAP

 

[JETX]

"Any help with this case'
*** Nope. The state is always the prosecutor in criminal matters. And domestic violence arrests were being dismissed since the victims would refuse to testify. Since a large number of these resulted in additional charges later (or even death to the complainant), the laws were changed several years ago to remove the complainant from the 'loop'. Bottom line.... the charges will likely go forward.

"or subpoena."
*** His only option was to try to get the court to modify the subpoena. From your post, he has tried to do that and the court refused. He basically has two options at this point:
- Appear at the time and place ordered, or
- Face arrest for contempt of court.

Have your husband show the subpoena to his employer and explain that he has no real option in this matter.

 

[lad204]

this isn't a domestic violence, its a domestic battery charge, sorry for the confusion

 

[calatty]

A subpoena is a court order. He has to show up or they'll throw him in jail. Courts don't have accomodate people's schedules.

 

[lad204]

Case closed, charged were dismissed in pretrial, my husband never went in and talked to anyone, not enough proof to go to trial.