Expert: Robin Sexton - 7/10/2009

Question
I have to be in court in Ohio the 30th of July. I had gotten into a heated argument with an ex boyfriend and my niece was here and called the cops. He was drunk and had slapped me in the mouth for screaming at him. Well The state took over when I didn't press charges and I got a subpoena in the mail to give my testimony. I don't want him to goto jail or get in any trouble. What would happen to me if I didn't go? I can't afford to miss work I am a single mother of 3 and every bit of me being at work is what I depend on to raise my kids.

Answer
Jamie,

the "book" answer is that you could be held in contempt of court.  which means arrest and court for you.  the "real world" answer is probably not much ( i can't guarantee that though)  it depends on to many variable that i don't have access to.  The thought process of the prosecutors office, the courts procedure, how badly they want to prosecute your ex, etc.  Further unless you signed registered mail for the subpoena unlikely they could really push a contempt charge.

One more dash of reality.  I know it is a hardship to go to court, i get paid to go and it is still a pain.  BUT.. this incident was obviously scary enough to frighten your neice.  There is no reason he should have hit you, the door was right behind him he could have left.  Being drunk is not an excuse.  What are you teaching your niece and your own kids about what they should put up with in thier future.  Should they allow some ex boyfriend to hit them ?  If so how many times ??

Your call

Good luck

robin