Location: Utah & Colorado
The child is currently living with me in Utah. I am ex-step mom, not related to the child, but I am now their permanent legal guardian (mother didn't respond to hearing/summons.)
Mother was arrested for DV against their spouse in Colorado (her spouse/step parent has no legal relationship to the child.) CPS was also involved due to past abuse and neglect allegations and I ended up picking the child up after mother was arrested. Child witnessed the abuse between them, told police what they saw. The spouse has since changed their mind and didn't want charges filed and isn't cooperating, DA refused to drop the case.
Mother refused a plea agreement, requested trial. DA's office e-mailed me a subpoena for the child to testify.
Here are my questions:
-Can they issue an electronic subpoena across state lines? Specially for a minor? I thought they had to go through our State's Courts first to issue a subpoena?
- The subpoena has old Colorado address even though I provided the DA with new address when I sent them copies of the guardianship, will that affect the subpoena?
-They don't mention anything about travel or accommodations if we are required to attend, are we expected to pay for travel and hotel??
-Child is super nervous, will the DA talk with them first and give them some sort of guidance as to what they need to do or how it will go? They have severe ADHD and is all over the place when they talk about the incident and arrest. They also go off on tangents about past incidents of violence witnessed.
-Child has had almost no contact at all with mother since the arrest, there is currently a protection order in place against the mother. Mother tried at the beginning to get child to recant their story. She now claims that the child didn't see anything and is only doing this because they wanted to leave and is lying/manipulating the entire situation. The child does NOT want to see mom, just mom being present is intimidating to the child, what can we ask for to help the child when testifying?
I should also mention that we are OK assisting the DA, this case only helps show why the guardianship is in the child's best interest if mom ever decides to fight it but we don't want this to be traumatizing for them.