What if the victim doesn't want to testify?
Asked by: Miss Lexi Zieme | Last update: February 10, 2026Score: 5/5 (25 votes)
If a victim doesn't want to testify, the prosecution might drop charges, especially if there's little other evidence, or they might try to proceed using other evidence like 911 calls or medical records; the victim, however, could face contempt of court charges, fines, or even jail time for ignoring a subpoena, though laws protect domestic violence/sexual assault victims from incarceration, often only allowing fines, with courts trying other methods like warrants to compel testimony.
Can a victim refuse to testify in court?
In California, a witness or victim who refuses to testify may be held in contempt, risking fines up to $1,000, jail for up to six months, or detention until they cooperate. However, victims of sexual assault or domestic violence cannot be imprisoned for refusal.
What happens if someone refuses to testify?
If a victim or witness refuses to testify, the judge can hold them in contempt of court. This is a misdemeanor offense that carries fines and up to 6 months in jail in California. The judge can also fine them or detain them until they comply.
Can you refuse to testify if you are subpoenaed?
Witnesses and victims must testify if subpoenaed. Most importantly, if they fail to testify, there will be consequences. Failure to testify can result in a charge of contempt of court. While some victims may have fears concerning trauma or safety, they must comply unless there is a valid legal reason to refuse.
Can a victim ignore a subpoena?
According to California Civil Code Section 1219, victims are not obligated to testify, and they are exempt from contempt charges for refusing to do so. However, there may be consequences such as minor fees or community service if the victim refuses a subpoena.
Can a Trial Proceed if a Victim Does Not Testify?
Can you decline to be a witness?
A witness can refuse to testify if their testimony may incriminate them, invoking the Fifth Amendment right against self-incrimination. Certain relationships, like spousal and attorney-client, protect individuals from being compelled to testify due to legal privileges.
Can you go to jail for ignoring a subpoena?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
Can you say no to testify?
There are a few conditions which may allow you to forego a court ordered testimony. These include: The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you.
Why do people refuse to testify?
Others are worried about missing work or enduring financial hardship during a lengthy legal battle. Testifying can be especially traumatic for victims of crimes like rape, molestation or domestic violence, while victims of gang-related crimes may fear retaliation if they testify.
How do I get out of testifying as a witness?
Relevance of Testimony: If you genuinely believe that you have no relevant information about the case, you can consult an attorney to help you file a motion to quash the subpoena. If the judge agrees, you might be excused.
Why do most domestic violence cases get dismissed?
Domestic violence charges are often dismissed due to insufficient evidence, lack of cooperation from the victim, or procedural issues that undermine the prosecution's case. These factors can significantly impact the legal outcome of such cases.
Can you win a case without a witness?
Why witnesses matter, but aren't always necessary? According to the California Civil Jury Instructions (CACI No. 400), the plaintiff must show that the defendant was negligent and that this negligence caused harm. Nowhere in that legal standard is there a requirement for witness testimony.
Can you say no to being called as a witness?
The court can order you to appear and give sworn/affirmed testimony. If you refuse, you can be held in contempt and fined or jailed.
Can I decline to be a witness?
When a victim or witness refuses to testify in California, they risk being held in contempt of court. This is a serious offense that can result in fines and up to 6 months in jail.
Can you say no to being subpoenaed?
While you may want to protect yourself, you cannot ignore a subpoena. However, you can still protect your interests if you're served. There may be a legal reason that would allow you to avoid testifying or providing documents. A motion to quash the subpoena may get you out of testifying.
What happens if a victim refuses to testify?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, a serious offense under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal.
What happens if I refuse to be a witness?
Secondly, the court could adjourn the proceedings so that a witness summons can be served on you. If you then fail to attend the next hearing after a witness summons has been served then you could be arrested. If you have any fears or concerns about attending court you should contact your local Witness Care Unit.
What is the right to refuse to testify called?
Self-Incrimination
A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.
Who pays legal fees for a subpoena?
The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court.
Does a subpoena mean you're being charged?
A subpoena is a document that requests information that could be useful in a case. If you receive a subpoena, you usually aren't being charged in the case itself. However, a judge has determined that you might have information that could help the proceedings.
What if someone doesn't respond to a subpoena?
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).