How do I know if I’m required to be at a hearing concerning an alleged DV case?
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How do I know if I’m required to be at a hearing concerning an alleged DV case?
I did not get a summons or anything. I had a verbal altercation with my spouse
and had a panic attack. I woke up in the hospital and saw a policeman at my bedside telling me who told me that I needed to speak with a detective because abuse. I was told by a medical professional that I was sedated because I had shortness of breath and shaking. The next thing I knew, they had a warrant and arrested my husband.
Asked on June 30, 2018 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You do not need to appear unless a subpoena is issued to you to appear and testify--if there is no subpoena, you do not need to appear. If you do not appear, at the prosecutor's option (and with the judge's consent), they could either dismiss the case (if they needed your testimony, or feel that if you don't care enough to appear, there is no reason to continue) or else "adjourn"--or delay--it to another date and issue you a subpoena to make sure you show up for that second date.
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