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I want to know if I receive a sopena to attend court as a…

Hello, I want to...

Hello, I want to know if I receive a sopena to attend court as a witness in a DV case and ignore it what the chances are of a warrant being issued and what happens to this warrant if I still don't go? Will it be thrown out when the case is thrown out? It is a minor case there was no violence only intimidation and broken phone, he has been charged with malicious damage and intimidation

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

NSW the warrant hasn't been issued yet, I just want to know what will happen if I don't show up when the court date has been set

Lawyer's Assistant: Has anything been filed or reported?

He is going to court for the preliminary hearing tomorrow

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all thank you

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Answered in 5 minutes by:
3/13/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,238
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

It is a breach of a court order and if you are the witness that they police need to run their case there is almost a 100% chance they will seek that the court issue a warrant.

If you are not the main witness and your testimony will not have much of an effect then they may not request a warrant.

I can only say there is a possbility that a warrant will be issued.

Have they charged the other party with any criminal offences or is it just and AVO?

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Customer reply replied 1 month ago
They have charged him with Malicious Damage and Intimidation. They recorded my statement, could this be enough to mean I don't have to go to court?
Customer reply replied 1 month ago
If it does go to a warrant and they can't find me (i.e. I am interstate or overseas) then what would happen, would I be charged myself?

Good Afternoon

Because of the charge the police will proceed and you cannot request that it be withdrawn.

If you cannot be found they will not be able to exercise the warrant. But the warrant will remain in place after made.

You cannot be charged you will only be issued with the warrant for failing to appear.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

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Customer reply replied 1 month ago
Ok thank you, ***** ***** will the warrant remain in place? Does it go away after some time?

Good Afternoon

They do not end they remain in place indefinitely.

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Good Evening

I am just following up my last post.

Have I provided you with an answer to your question or is there something more you wish to ask?

I look forward to hearing from you.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,238
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Leon
Leon
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Category: Australia Law
Satisfied Customers: 46,238
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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