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Thelawman2, Attorney
Category: Legal
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Experience:  Attorney-at-Law
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My daughter is 28 and has been in and out of jail mainly due

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My daughter is 28 and has been in and out of jail mainly due to crack cocaine. Last year I provoked her in my home and she threw me on the floor and dragged me by the hair down the hallway and onto the stair landing, At that time she told me she was going to throw me down the stairs. We walked down three stairs as she held me by my hair. Luckily, she did not proceed as I offered absolutely no resistance as I did not want to fuel her anger.
Two days later a friend stopped by unannounced and saw that I was not doing well and had no phone (as my daughter had taken it that night). She encouraged me to call the police and report this. I did so.
Now the DA has mailed me, sent two people to my home, left a sticker on my mail box in an attempt to get me to testify. I missed the first court date since I was not officially served in person.
Now they have mailed me notice of another trial and the intent to subpoena me once again. Unfortunately, I will be out of state at our national sales meeting all of that week and cannot go to court.
Also my daughter has been doing so well in staying out of trouble and being respectful about not coming by unless she calls and is invited.
I don't think I can avoid being subpoenaed and want to reschedule the court date upon receiving my mailed notice.
Scared to be on trail as I am the victim and only witness and do not want to put her in more harm's way.

Hello, my name is ***** ***** I will be helping you today.

You can notify the DA that you do not want to testify. It is possible that the DA could hold you in contempt, but this scenario is highly unlikely because you are the victim. DAs rarely punish the victim for not testifying at a trial in a domestic violence case.

Know that in Illinois, it is possible for the DA to use a statement you previously made at the trial because you refuse to show up and testify. Even though this would normally be hearsay, the court may allow it due to an exception meant to deal with instances where a victim doesn't wish to testify for the same reasons you are concerned about.

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