• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Victim/Witness Testify

#1
I am a victim of a domestic violence case. I am considered a witness in this case. I did not want to press charges, the commonwealth did. If I do not want to testify in court what should I do? Do I have to appear in court? I do not want to testify against the defendant.
 


#2
I am a victim of a domestic violence case. I am considered a witness in this case. I did not want to press charges, the commonwealth did. If I do not want to testify in court what should I do? Do I have to appear in court? I do not want to testify against the defendant.
You only are required to testify if you are served with a subpoena to appear and testify. You may tell the prosecutor that you do not want to testify against him if you wish. They hear that a lot in domestic violence cases.

If in fact the defendant did abuse you, I recommend that you reconsider your choice here. Very often if he or she is abusive once he or she will be abusive again in the future, and it may be even worse than the last time. Don't let a misguided sense of love or loyalty let you put with abuse. Too many make that mistake and later regret it.
 
Last edited:
#3
Victims do not press charges, the state or the commonwealth does. If you receive a subpoena, you are legally obligated to testify. If you choose to ignore the subpoena, you could be held in contempt of court, and find you self in jail.
 
#4
I am a victim of a domestic violence case. I am considered a witness in this case. I did not want to press charges, the commonwealth did. If I do not want to testify in court what should I do? Do I have to appear in court? I do not want to testify against the defendant.
Approximately 75% of DV victims prefer not to testify against their abuser, often choosing to lie or risk court sanction to protect their abuser (something the abuser would never do himself to help the victim). Depending on the evidence in the case, the state may not even NEED your testimony. But, if subpoenaed, you will have to testify truthfully or face potential criminal sanctions. Also, if you have any children and you refuse to cooperate with the prosecution by avoiding service or providing false testimony, you can expect CPS to take a look at what you are doing to protect the children from his abuse of you.

Keep in mind that abuse is rarely a one-and-done affair. It's likely that this is not the first time, nor will it be the last. Statistically, the chances are it will only get worse.
 
Top