[VA] Can I avoid testifying in a domestic violence case after receiving a subpoena and no longer wanting to press charges?

Lexi, Chatbot

I understand that being asked to testify can be a stressful situation. Can you share what type of case you are involved in?

Lexi, Chatbot

Have you already received a subpoena or formal request to testify?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your subpoena issue.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for: general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case-specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

Charlie

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

Charlie

Which state do you work in?

Charlie

Understood. When is the hearing/trial scheduled for?

Charlie

When did you receive the subpoena?

Charlie

Can you tell me more about what led up to the charges against your boyfriend?

Charlie

What was he charged with specifically?

Charlie

Understood. Did you contact the prosecutor/district attorney yet to tell them that you do not wish to pursue charges/testify against him?

Charlie

Was the restraining order put in place successfully?

Charlie

How long is the restraining order in place for?

Charlie

Understood! I think I have all the information I need, but is there anything else you’d like to add before I get started on your answer? If not, I’ll start working on a response for you right away.

Charlie

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Charlie

When someone receives a subpoena in a criminal case, the law generally requires them to appear in court. In domestic-violence cases, prosecutors often continue the case even when the complaining witness no longer wants to participate, so the subpoena remains valid unless the court or prosecutor releases the person from it (VA Code § 15.2-1627(B)).

Here are the steps people commonly take when they want to avoid testifying or want the state to reconsider their involvement (general information only, not legal advice):

1. Contact the prosecutor’s office.

The prosecutor is the only party who can decide whether to release a witness from a subpoena or reduce their role in the case. People often explain that they do not wish to proceed, want the case dismissed, or cannot be part of the prosecution. Even when a prosecutor continues the case, they can sometimes modify how the witness is involved.

2. Ask if the court can excuse the witness.

In some circumstances, a prosecutor or court may decide that the witness is no longer necessary. This depends on the evidence they already have, police testimony, statements made at the scene, or other evidence they collected.

3. Understand that domestic-violence cases often move forward without the witness.

Many states, including Virginia, have policies where the state prosecutes domestic-violence cases based on independent evidence. That means the prosecutor may rely on officer observations, body-camera footage, photos, or other witnesses even if the complaining witness does not want to testify.

4. Be aware that ignoring a subpoena can carry penalties.

A subpoena is a court-ordered command to appear. If a person does not appear, the court can issue a “show cause” order or, in some cases, a bench warrant. Because of that, the safest way to avoid testifying is through the prosecutor’s decision—not by skipping court.

5. Protective orders remain separate from the criminal case.

Even if the complaining witness no longer wants charges to continue, a protective order issued by the court usually remains in place until the court modifies or ends it. Only the court can change it.

6. If both parties participated in physical contact.

It is common for prosecutors to review whether the evidence suggests mutual aggression or self-defense. Sometimes that affects how they proceed. They may ask additional questions or review videos or prior statements before deciding what to do.

Charlie

I hope that helps!

If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases. My ultimate goal during our conversation is to ensure that you clearly understand the information provided. Please let me know if you need any clarification on the information provided or have any follow-up questions, as I will be very happy to assist you further.

Charlie

Yes, you would have to answer any questions that would not incriminate you.

Charlie

You can state that. You would say, "I do not recall."

Charlie

No, if you do not attend the protective order hearing then the judge will dismiss the case.

Charlie

I cannot speculate to the outcome. You will need to take the steps above and see if the prosecutor allows you to not testify.

Charlie

Possibly.