Do I have to testify against my daughter in a domestic situation?

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Do I have to testify against my daughter in a domestic situation?

About 18 months ago, my daughter hit me when I asked her to leave my house. She brought a stranger to my house with her my husband saw her when it happened and stepped between us to stop her and this other person attacked my husband and started throwing punches I called the police to remove her and him from our home. My daughter threw the phone on the floor and it broke the police called back and that’s when they left our house. My daughter came back the next morning and I called the police again. They came and spoke to her and told her they would either arrest her for trespassing or she could leave of her own will. She left. We told the police that we weren’t pursuing charges of any kind. 14 months later she was arrested on a warrant stemming from that night after a traffic stop. I haven’t spoken to her since then as she’s not allowed any contact with us. It’s now been 4 months since we have been able to communicate. My husband just received a summons to appear and I haven’t seen one for me yet but the police told him I would. Why are they trying to prosecute my daughter for something that not only had we forgiven for but is now keeping my family apart? I struggle to understand the why when there are real criminals out there in the world.

Asked on March 21, 2018 under Criminal Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, it is up to the prosecutor and not the alleged victim as to whether or not to file criminal charges. The fact is that even without your cooperation the case can still move forward if other evidence exists that can support a conviction. Further, if you are subpoenaed to testify, that is a court order to appear. If you fail to do so then you can be fined and even jailed. At this point, you may want to consult directly with a local criminal law attorney.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, it is up to the prosecutor and not the alleged victim as to whether or not to file criminal charges. The fact is that even without your cooperation the case can still move forward if other evidence exists that can support a conviction. Further, if you are subpoenaed to testify, that is a court order to appear. If you fail to do so then you can be fined and even jailed. At this point, you may want to consult directly with a local criminal law attorney.


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