Impossible to say, since such vague info is presented.
Get a lawyer, now.
I'm not a lawyer nor do I play one on TV, but I wouldn't imagine the violence charge would be dropped for this. They'd just need to issue another subpoena for the other witness.
I hope you're not saying that you WANT the charges to be dropped. Alert the court to the error and have them send a corrected subpoena.
1. WARNING:
As a shrink, I take an extremely dim view of domestic violence for any rationalization short of stopping a child from jumping into a fireplace or some such--and even then, better to stand between the child and the fireplace.
2. The highest priority is to get the domestic violence STOPPED and appropriate anger management classes completed etc.
3. If restraining orders and separation are in order, so be it though I prefer all such as a last resort. If violence has occurred more than once, maybe it's time for last resort--MIGHT--MIGHT depend on severity and frequency.
4. Violence is not a laughing matter. Violence is not excusable. A mouthy, shrill PMS wound up wife is no excuse for violence. If she's that hard to live with, live elsewhere if violence is the only response or part of a pattern of responses.
5. ANY BODILY CONTACT RISKING SIGNIFICANT DAMAGE; ESPECIALLY LEAVING BRUISES OR LIKELY TO HAVE LEFT BRUISES, CUTS, BROKEN SKIN; BROKEN BONES ETC. . . . IS FAR TOO VIOLENT TO TOLERATE.
6. Legal issues require legal personnel. But often legal personnel are not intereested in healing relationships or individuals but in enriching their own coffers. Check around and find an honorable such lawyer, if there is such in the area.
7. Virtually always, hurt; a sense of being trapped; a sense of being belittled; a tweak on one's pride; selfishness; etc. . . . a pattern of rage from childhood due to childhood abuse/neglect . . . all are usually involved. Usually the current incident is not the total cause. The current incident collects "BLACK STAMPS" from childhood history--usually involving REACTIVE ATTACHMENT DISORDER.
8. GET AND READ
ATTACHMENT by Drs Sibsy and Clinton. Absolutely the best I've found with 10 ways to get past the adult traumas generated by poor bonding with healthy parents as 0-8 children.
9. Punching bags, walls, people, pets, TV's, etc. only rehearses and winds up the anger--does not drain it off.
10. Counting to 100; walking around the block. Going to a coffee shop and writing out one's feelings; running; working out; writing out 10 things one likes about the person one is angry at; writing out the long term goals of the relationship; almost anything to delay expression of the anger a least 10-20 minutes is best.
11. If dropping charges would result in more "business as usual" in the violence department--it may be an idiotic thing to do. Such things do not get better on their own/without intervention except in maybe 1 out of 1 million cases--if that often.
12. Peace at any price is rarely peace and virtually never worth the price.
13. Living under constant threat or near constant threat of violence is not living.
14. Deal with the sources, causes of the anger--especially hurt, feeling trapped; feeling belittled; feeling inadequate; feeling useless; feeling hopeless . . . TAKE PRACTICAL, GROWTHFUL, PRODUCTIVE, CONSTRUCTIVE STEPS TO REMOVE THE CAUSES OF SUCH.
15. AND, watch the self-talk. NO ONE--NO PERSON "B" HAS THE POWER TO FORCE/MAKE PERSON "A" ANGRY UNLESS PERSON "A" GIVES PERSON "B" THAT POWER. WE ARE EACH IN CHARGE OF AND RESPONSIBLE FOR OUR OWN EMOTIONS AND OUR OWN RESPONSES TO OUR OWN EMOTIONS.
16. FEELINGS, EMOTIONS--EVEN ANGER--ARE JUST INFORMATION. They may be important information as when our hand gets in a fire--we need to pull it out.
17. BUT EMOTIONS/FEELINGS ARE only TOLERABLE SERVANTS and virtually always TERRIBLE BOSSES/SLAVE DRIVERS. INSURE THAT EMOTIONS SERVE YOU VS YOU SERVE YOUR EMOTIONS. They are only information. Put the information in it's proper place and perspective BEFORE acting on it.
18. Violence is a life/death issue. If not today/tonight; this week; this month . . . then in 1 year; 3 years, 5 years it likely will be. Take effective, decisive, constructive action ASAP. Don't wait.
19. A 2 year old knows how to be violent. Shoot--a 6 month old knows how to be violent--just with limited capacity. Violence is no badge of manhood or maturity. Quite the opposite.
20. There are a number of good websites about anger; anger management; violence etc. DOGPILE.COM those keywords and choose some docs that fit.
Am happy to respond to FREEPERS by FREEPMAIL if they have questions about any of the above.
Depends on whhat date the indictment or accusatory instrument gives, not a subpoena.
Do you want it changed to subpoena the other child or do you want it changed to the appropriate date for this child?
Are you in contact with the DA who issued it? IOW, where did the info come from? If from you, then you can change it.
I would bring both children to court with me. If theres a history of violence in the house they already know it . Normally I wouldn't want a child to go into court as I don't think a child should have to go against a parent or a sibling.... But if you can't have the court clerk fix the papers bring both of them.....Children are more aware of violence then most people give them credit for. They will survive it as long as you get them some help. Best of luck to you.
Here's some potentially useful items for other families:
1. I'm curious about the words you might use to characterize your day.
2. I don't know the best parts of your day but I'd love to hear about them.
3. I'd also love to hear about any significant struggles and your handling of them.
4. I'm eager to find ways to love you better. But I'm at a loss to think of them on my own. I need your help.
5. I hope you had some fun today. If not, I'd love to have some doable fun with you before you go to sleep. Let me know if you have a suggestion.
6. Is there anything else it would be wise for me to know? Put yourself in my place before you answer that, please.
7. When my frustrations, patience, energy etc. are running thin and I'm prone to speaking with irritation etc. I think we need some ways for you to signal me and ways for me to signal you so that we can minimize my dumping my pain on you. Any suggestions?
8. Perhaps I could post a number on the frige. Say on a 10 point scale. 10 would be ready to be hospitalized as a foaming at the mouth psychotic. 0 would be the serenity of a saint.
9 would be = to taking your life in your own hands to push any of my buttons
8 would be = to being super stressed and not fit company for human beings
7 would be = to being frazzled a lot and needing some extra TLC and patience from those around me.
6 would be = to tilting in an exasperating, frustrating, negative, stressed direction but still mostly in touch with reality. Any extra helpfulness would be appreciated.
5 would be = to mostly on an even keel and calm enough but would sure appreciate no more stress for today.
4 would be = to doing pretty well. I have some extra energy and compassion if anyone needs any.
3. would be = to I'm pretty rested and have sufficient energy to give you some significant help and time if you need any.
2. would be = to I'm really rested and energized. I'm very optimistic, hopeful and have sufficient self-esteem to be a real resource, sounding board, cheer leader, helper, if you need it.
1. would be = to I'm doing so well I'm not sure it's kind for me to talk about it. But if I can do anything for you or with you, let me know.
0. would be = to I'm serene . . . if I was doing any better, I'd be zapped straight to Heaven or be spreading golden dew drops by the basketfull to one and all.
It may not be overly functional in many situations/families to write such even on the frige--too cumbersome or some such. Just announcing to key folks at important EARLY times one's self-perceived state would be worthwhile. And, it may be that others would want to rate each other in case there might be some blindness to one's own state.
Such as: Fred, you appear to be at a #8 stress level today. What's going on and how can I/we help?