How do I know if I’m required to be at a hearing concerning an alleged DV case?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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