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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11713
Experience:  19+ Years of Legal Practice in Family law matters.
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Hello Alexia, You answered a question of mine around a month

Resolved Question:

Hello Alexia,
You answered a question of mine around a month ago about a DV TRO and I was going I could ask you some more questions. First of all, I wanted to say the judge did not grant me a long-term restraining order - he said something like he did not believe the abuser would be stupid enough to abuse me again (I didn't think he was stupid enough to do what he has done to me, but he did). Well, that said...The criminal jury trial (charges 243e1) for the abuser is coming up next month. I just got a subpoena to apear in court as a witness. I do not want to testify. I mean the abuser's lawyer really was totally badgering me in court, and the judge allowed it. I was made out to be the bad guy and the abuser kept saying how "gentle" he always has been with me. Pure lies. plus the lawyer had been a mutual friend (between me and the DV abuser) before this whole mess. Do I have to testify? Will I be subject to fines I don't (I live in California)? I just don't want to be traumatized further by that jerk and his lawyer. I also do not trust that he won't hurt me again. I do not feel the legal system has kept me safe, but rather it has made everything so much harder for me. Thanks for your assistance.
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, nice to see you again.

You answered a question of mine around a month ago about a DV TRO and I was going I could ask you some more questions. First of all, I wanted to say the judge did not grant me a long-term restraining order - he said something like he did not believe the abuser would be stupid enough to abuse me again (I didn't think he was stupid enough to do what he has done to me, but he did). I understand.

Well, that said...The criminal jury trial (charges 243e1) for the abuser is coming up next month. I just got a subpoena to apear in court as a witness. I do not want to testify. I mean the abuser's lawyer really was totally badgering me in court, and the judge allowed it. The prosecutor should step in and ensure that does not happen to his witness.

I was made out to be the bad guy and the abuser kept saying how "gentle" he always has been with me. Pure lies. plus the lawyer had been a mutual friend (between me and the DV abuser) before this whole mess. Do I have to testify? Yes. The subpoena is a court order. To disobey it is contempt, for which you can be sanctioned, fined, jailed, etc. However, you can call the prosecutor to explain how you don't want to, and ask him if he can cancel the subpoena. The problem is the prosecutor works for the People of California, and it is his duty to prosecute crimes. He can't NOT prosecute because a witness doesn't want to testify - else all criminals would go free.

Will I be subject to fines I don't (I live in California)? Quite possible.

I just don't want to be traumatized further by that jerk and his lawyer. Speak to the lawyer for YOUR side of the case. Tell him what happened when you were at the RO hearing.

I also do not trust that he won't hurt me again. That is a different issue than testifying. I can certainly understand the lack of trust. But since you won't be spending time alone with him, the chances may be nil that you two will get into it again (unless he is stalking you, in which case you should likely report that).

I do not feel the legal system has kept me safe, but rather it has made everything so much harder for me. In what way? The lack of long term RO is separate from these criminal charges - they can not convict him, likely, without your testimony. Thanks for your assistance.Welcome - hang in there.


I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11713
Experience: 19+ Years of Legal Practice in Family law matters.
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