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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44899
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Customer: I have been issued with a subpoena to gove evidence at court. But i dont want to go to the court. The evidence is against my husband
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Customer: This all started my husband came to my mums place and breached the avo. His leg brushed against mine when he went to kick me and a door go closed on my hand. When he had his court i was there to support him and now i was issued with a subpoena from police to attend court and give evidence but i dont want to do that
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Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.A Subpoena is a court order and if you do not go then you are in breach of the order. If you refuse to go the court can issue a warrant for your arrest. If your husband is pleading not guilty he is saying he did not breach the order. The police would have been called when he breached it and the people that were there would have given a statement. The police will cross examine you on what you told them. You ca get into trouble by not appearing and next time he assaults you, the police may not take it serioulsy because you have refused to go. These are serious matters for both him and you. If you wish to not appear contact the police and advise them why and it is up to them if they call you as a witness. If they change their mind and advise you that you do not have to go then it is not a breach. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon