It's going to cost me a small fortune to be a witness.

[Hunterman]

Minnesota

I was the victim of a domestic assault last summer. I just received a subpoena to appear in court as a witness. I am under contract to work 184 days per year. My gross salary is $77,000. My employer, a public school district, is claiming that since this situation isn't covered in the contract that it is going to cost me 1/184 of my salary for each day I am gone. That works out to $418.48 per day that I will lose. Losing that much pay each day is going to be quite harmful to me.

If this was jury duty I would not lose any pay because that is covered in the contract.

Is anyone aware of any laws or regulations that cover situations like this?

 

[PayrollHRGuy]

It depends on how your contract is written and you need to contact your union because there is no law protecting you on this.

 

[adjusterjack]

Chances are that your testimony will occur on only one day. Chances are that there will be a plea bargain at the last minute.

At any rate what's more important, some lost pay or seeing the bastard convicted?

 

[Just Blue]

Minnesota

I was the victim of a domestic assault last summer. I just received a subpoena to appear in court as a witness. I am under contract to work 184 days per year. My gross salary is $77,000. My employer, a public school district, is claiming that since this situation isn't covered in the contract that it is going to cost me 1/184 of my salary for each day I am gone. That works out to $418.48 per day that I will lose. Losing that much pay each day is going to be quite harmful to me.

If this was jury duty I would not lose any pay because that is covered in the contract.

Is anyone aware of any laws or regulations that cover situations like this?

Is this about your ex wife?

 

[Hunterman]

Yes, but the divorce is not completed.

 

[quincy]

For reference purposes only, here are links to two of your most recent threads:

https://forum.freeadvice.com/threads/discovery-ignored-again-now-what.653467/
https://forum.freeadvice.com/threads/urine-test-diluted-while-on-pre-trial-probation.653804/
You will be testifying as a witness for the State on the domestic violence charge against your wife?

I don't know if you ever mentioned the County in Minnesota where the case will be heard. I have provided a link below to information on Stearn County and much of the information will be the same in other counties - but you can check Crime Victim Services for your county's court.

https://co.stearns.mn.us/LawPublicSafety/CrimeVictimServices/TestifyinginCourt
You will need to bring your subpoena with you to court and you will want to bring any receipts or documents that you have showing your expenses for attending the hearing (lost wages, mileage/gas, meals away from home ...). These could be reimbursable.

Good luck in court.

 

[xylene]

Fake.

 

[Just Blue]

Fake.

Huh?

 

[quincy]

Fake.

What is fake?

 

[bcr229]

If your ex is convicted you can request restitution and/or reparations for out of pocket expenses associated with the attack. You'll want to keep track of how much this incident has cost you.
https://dps.mn.gov/divisions/ojp/help-for-crime-victims/Pages/crime-victims-rights.aspx

 

[Just Blue]

What is fake?

That's what I was wondering.

 

[Hunterman]

Thank you for the responses. I appreciate it.

I found out yesterday that she has refused, again, to plead guilty to reduced charges where her penalty would have been a $300 fine, two years of probation, and 90 days in jail (all stayed). I also found out that this trial is going to be just on the domestic abuse charge and that the other charges (violating the order for protection several times, disorderly conduct, and failing two random urine tests for alcohol use) will be tried at a later date. The plea bargain she was offered covered all of the charges, not just the domestic assault.

 

[not2cleverRed]

Chances are that your testimony will occur on only one day. Chances are that there will be a plea bargain at the last minute.

At any rate what's more important, some lost pay or seeing the bastard convicted?

Not likely, given Hunterman's other posts, the "bastard" won't compromise on anything. This will go to trial. Just like it seems their divorce will go to trial.

Thank you for the responses. I appreciate it.

I found out yesterday that she has refused, again, to plead guilty to reduced charges where her penalty would have been a $300 fine, two years of probation, and 90 days in jail (all stayed). I also found out that this trial is going to be just on the domestic abuse charge and that the other charges (violating the order for protection several times, disorderly conduct, and failing two random urine tests for alcohol use) will be tried at a later date. The plea bargain she was offered covered all of the charges, not just the domestic assault.

Again, that's okay. It means they are taking it seriously. These things take time... and her resistance to abiding by the rules is catching up to her. Clearly, she has not hit rock bottom yet. She is refusing the plea deal because 1) she doesn't think she did anything wrong, and/or 2) she thinks the probation and 90 days jail time more onerous than she deserves. She's stupid, because if she's found guilty in a trial, the consequences will be worse.

Don't worry about the school district's silliness; testify to protect yourself and your children. It will work out in the end.

 

[Mass_Shyster]

Not likely, given Hunterman's other posts, the "bastard" won't compromise on anything. This will go to trial. Just like it seems their divorce will go to trial.



Again, that's okay. It means they are taking it seriously. These things take time... and her resistance to abiding by the rules is catching up to her. Clearly, she has not hit rock bottom yet. She is refusing the plea deal because 1) she doesn't think she did anything wrong, and/or 2) she thinks the probation and 90 days jail time more onerous than she deserves. She's stupid, because if she's found guilty in a trial, the consequences will be worse.

Don't worry about the school district's silliness; testify to protect yourself and your children. It will work out in the end.

I wouldn't count out a last minute plea. She may be refusing the plea knowing it will cost OP a fair amount of money to show up. I frequently advise my clients to wait until the day of trial to tender a plea, in the hopes that the complaining witness does not show up.

 

[Hunterman]

Here's an update on the criminal and divorce cases.

At the last minute she agreed to a plea bargain on May 6. The plea hearing is going to be on June 5. However, on May 10 a judge issued 3 warrants for her arrest for violating the terms of her release. My best guess is that she has failed yet another test for alcohol. The warrants are currently active.

The judge has not ruled yet on the divorce summary judgment hearing that occurred on April 25. Her attorney submitted some of the financial documents that were requested after the court hearing on April 25 (deadline to submit them was March 30). Those documents still did not include paystubs, bank statements, etc.. The other thing that has happened is that she got fired from her job. She has claimed that she was fired because of the criminal matters she is dealing with, but we have written evidence that shows that she was fired for just cause and it had nothing to do with any criminal matter. According to a friend of hers, she does not intend to get another job because her boyfriend is willing to take care of her. I am actually wondering if she did what was needed to get fired because she wanted to be fired. I have no idea how this will affect child support or spousal maintenance.

It's driving me crazy waiting for the judge to rule. He has up to 90 days and it's only been 27 days. It feels like forever.

Thanks for taking the time to read this.