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(951) 667-5293

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(714) 758-5293

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Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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What Happens If A Witness Doesn’t Want To Testify In A Domestic Violence Case In Riverside?

Posted in Domestic Violence FAQ'S on March 25, 2014

In California, prosecutors have the general attitude that their job is to intervene and provide help for people they believe are victims, even if those individuals don’t want to help themselves.

Therefore, it is extremely common for prosecutors to issue subpoenas to a witness or victim and have them ordered to court to come testify despite that person not wanting to participate in the court process.

A subpoena is a lawful court order, and cannot be disobeyed. If a victim in a domestic violence case ignores a subpoena, the prosecutor may have the Judge issue a bench warrant for that person, and then send an investigator to come pick that person up and deliver them to court.

If the person refuses to take the stand and testify, they can be charged with Contempt of Court, and be ordered to pay fines.

However, while in most criminal cases, a witness who refuses to testify can be jailed for up to five days for contempt, in domestic violence cases, victims CANNOT receive any jail time for refusing to testify, pursuant to California Code of Civil Procedure Section 1219(b.)

If you have questions regarding domestic violence, contact Attorney Graham Donath at 951-667-5293. Let him answer your questions.