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Subpoena

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A subpoena is a legal document that orders a person to appear in court, recount their version of events, or produce evidence relevant to a case. Subpoenas are commonly used in both criminal and civil cases to ensure that essential information is available to the court. In domestic and family violence proceedings, this is often someone’s counselling notes or records, hospital reports, school reports or any other information that may seem relevant to the proceedings. If you have been served with a subpoena to attend or produce documents, it is important to understand your legal obligations and rights, as failing to comply with the conditions of a subpoena can result in penalties. 

At Elysian Law, if you are a person who has experienced domestic and family violence and have been ordered to produce private and confidential documents (such as counselling notes) we are here to help you understand what a subpoena is and guide you through the process. 

If you have been served with a subpoena, contact Elysian Law immediately for expert legal advice.

Types of Subpoenas

There are two main types of subpoenas:

  1. Subpoena to testify: This type of subpoena requires you to personally appear in court as a witness. You will be asked to tell the court your version of events and be cross-examined as to the truth of your version; or
  2. Subpoena for documents: This form of subpoena requires you to provide specific documents, records, or evidence that is relevant to the legal proceedings. In domestic and family violence proceedings, this is often counselling records, medical records or hospital records. 

Understanding what a legal subpoena requires you to do is essential in order to avoid any potential legal repercussions.

What Happens if You Ignore a Subpoena?

Ignoring or failing to comply with a subpoena can result in serious legal consequences. Courts view subpoenas as a critical tool to ensure that justice is served, so any failure to meet the demands of a subpoena can lead to penalties such as fines, contempt of court charges, or even jail time. If you are unsure about how to respond to a subpoena, it is important to seek legal advice. 

Receiving a Subpoena: Your Rights and Obligations

When you receive a subpoena, you are legally obligated to comply with its conditions.  However, you also have rights. If complying with the subpoena that is unreasonable or burdensome, you may be able to challenge it in court or seek financial reimbursement.  At Elysian Law, we help you understand what is a legal subpoena and whether it can be contested based on your specific circumstances.

These matters are complex and require a detailed legal argument to protect your rights. It is important that you obtain legal advice about this as soon as possible. 

What happens if you do not want to, or cannot comply with a Subpoena?

It is often the case that someone does not want to have their private counselling or medical records produced to the court as evidence for a range of personal reasons. These types of records also attract professional privilege and arguments can be made to have such records not disclosed. Elysian Law has experience representing people in court and objecting to having such records disclosed. 

Giving evidence in court: Your Rights and Obligations

As a precaution, you also need to be aware of the complexities of giving evidence in court. These complexities are different in each matter and for each witness as no court case is the same. Some of the complexities can be around telling the truth and your rights against self-incrimination or your concerns about the repercussions of telling the truth. For example, if it appears as though you have not told the truth in court, you could be criminally charged with perjury which is taken very seriously by the courts and sentences can be harsh such as imprisonment. 

We strongly encourage that if you have any concerns you contact Elysian Law to discuss these issues as we will be able to guide you about your rights, obligations and the possible safeguards to reduce your stress about giving evidence. 

How We Can Help With Subpoenas?

At Elysian Law, we provide clear guidance on your obligations under a subpoena and help you understand the legal process. Whether you are required to personally attend court to give evidence or produce documents, we ensure you understand your rights and the necessary steps to comply. We are committed to making the legal process easier and less stressful for you.

lawyer representing domestic and family violence case

Frequently Asked Questions

What does it mean to be a respondent in a Domestic Violence Order?

Being a respondent means that a protection order application has been filed at a court or a protection order has been made naming you as a respondent. This means that a person has made an allegation you have committed an act or acts of domestic and family violence. As a respondent, you may be subject to conditions set by the court, which are designed to prevent future incidents of domestic and family violence.

It is important to get legal advice as soon as an application has been served on you to mitigate the outcome. Please be aware at the first court mention, the court must consider whether to impose a temporary protection order and if so, the conditions. Elysian Law has successfully argued against any protection orders being imposed from the outset due to unjust applications. If a temporary protection order is imposed and a condition is breached, it is still a serious criminal offence.

When an application is filed, it is typically heard in court right away, and a temporary protection order is issued while waiting for your final protection order to be determined. This temporary order or police protection notice may include conditions that limit or restrict your ability to contact the aggrieved and/or named persons such as other family members or children. If you do contact the person and breach a condition, it is a criminal offence.

It is crucial to fully understand these specific conditions to avoid any potential criminal charges. Many people unknowingly breach protection orders simply because they don’t realise what behaviours constitute an act of domestic and family violence.

We also strongly advise you not to contact any relevant person or witness as it may be used as evidence against you in court.

That’s why it’s so important to contact Elysian Law. We’re here to help you understand and comply with your new order, ensuring you understand your rights.

If you disagree with a protection order application, you have the option to contest it. This involves appearing in court and presenting evidence to argue that either the application does not meet the legal requirements or that the allegations are false.
It’s strongly advised to seek legal representation to ensure that your case is presented effectively, your rights are protected and you understand other legal implications such as your evidence being used in other proceedings like family law.

In Queensland, a protection order lasts for a duration set by the court, which is often five years. However, this duration can vary depending on the specifics of the case and the level of risk assessed by the court.

Yes, a protection order can have an extended end date or be renewed if there is an ongoing risk of domestic and family violence and the court determines it is necessary. To extend the order, an application must be made before the current protection order expires, providing evidence to support the need for an extension. This ensures continued protection for those at risk.

Breaching a protection order is a serious criminal offence, and depending on the specifics of the breach and your personal history, it can result in a range of penalties, from fines to imprisonment. Courts take breaches very seriously. For a first breach, a sentence of up to 3 years imprisonment can be imposed, and for a second breach, this increases to 5 years imprisonment. Additionally, upon conviction, the courts can amend the conditions of the protection order.

It’s crucial to seek legal advice immediately if you’re accused of breaching a protection order. At Elysian Law, we can help you understand the charges against you, prepare your case for the best possible outcome, and provide essential representation in court. We’re here to support you every step of the way.

The conditions of a protection order can be amended by the court if justified. To request a change, an application must be filed with the court, along with supporting affidavits and materials explaining why the change is appropriate under the circumstances. If the application is contested, it will proceed to a hearing, which can be quite complex.

Legal assistance is crucial in effectively navigating this process. At Elysian Law, we provide the expertise and support needed to guide you through each step, ensuring your case is presented clearly and effectively.

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