If I cannot appear in court because of military obligations, what are my options?
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If I cannot appear in court because of military obligations, what are my options?
I am witness to domestic violence action on my wife by her ex-boyfriend. Both she and I had statements taken by the police at the local police dept. She has filed a restraining order against her ex-boyfriend and has a hearing set for this month. Unfortunately, I am in the military and stationed across the country (I am in CA and she is in FL where the violence occurred). I will not be able to be there for the hearing. As such, what are my options? Can I get something notarized, showing that what I said in the police report is true? Can I record a statement again?
Asked on August 5, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Please contact the Prosecutor's Office and the prosecutor assigned to the matter as soon as you can. It is quite understandable that if you are in the military and stationed elsewhere that you can not attend the hearing. The Prosecutor will need present your testimony in another way and the rules of evidence as to missing witnesses and the requirements to submit testimony, etc., will apply. What he or she will need from you will be governed by the rules of evidence and the more lead time that you give the prosecutor the better. Otherwise the charge could be dismissed. Thank you for serving our country. Be safe and good luck to you.
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