he hit me and I called the cops, because of that they suspended him from work and they told him that if he gets convicted they will fire him....he told me he is going to ple not guilty, I don't want to testify...is there a chance or a way I didn't have to?
2006-06-26 11:17:20 · 16 answers · asked by nisanch 1 in Politics & Government ➔ Law Enforcement & Police
Thats an easy one. Just don't show up, you are the complaining witness in that case right? If you dont show then theres no complaining witness, no complaining witness, no case, that means case dismissed. all charges dropped, but if the state picks up the charges you'll get a subpoena in the mail and you are compelled to show if you don't you get a capias for your arrest, and they make you testify anyway, but that probably wont happen.
2006-06-26 11:36:14 · answer #1 · answered by deftlychillin 2 · 1⤊ 3⤋
Sure, he could plead guilty and take responsibility for his actions and accept the punishment like a real man and you probably wouldnt have to testify. But let me get this straight: So basically youre going to support him so that he wont get in trouble, by not testifying against him. Guess what? You are sending the message to him that it is ok for him to hit you and there is nothing that anyone can do about it. Great, I dont know why you even bothered to call the police in the first place, especially if you were just going to allow this type of treatment by your husband.
If the DA brought a case against him, they likely have more evidence than just your testimony. He may get convicted anyway but if not, then he'll be home to beat your a$$. What are you thinking?
2006-06-26 11:41:50 · answer #2 · answered by Simplystunning 4 · 0⤊ 0⤋
Maybe, maybe not. California Evidence Code Sections 970-973 Article 4. Privilege Not to Testify Against Spouse "970. Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding." It goes on like that, however, if you're subpoenaed to testify in a criminal case in which your spouse is being charged with abuse against the you, you aren't covered under that code and you do have to testify. You'll have to talk to a lawyer to get more information about evoking your marital priviledge. But anyways, truth is the best way to get out of this. If you do end up having to testify against him, simply tell the truth: You initiated the violence, he was in self defense, you are in marriage counseling, and do not want to ruin your marriage.
2016-03-27 05:12:45 · answer #3 · answered by Kera 4 · 0⤊ 0⤋
Actually in a criminal proceeding a woman can be forced to testify via a subpoena against her husband. And if you fail to show for court you could be charged with Contempt of Court. And if you lie on the stand you can be charged with perjury.
Spousal privilege only applies to communications between the spouses and cannot be waived by either spouse.
Not a single state allows there to be such a privilege in spousal abuse cases or where one of the spouses is the victim of the other.
And in some states the communications must be about marriage in order for the privilege to be invoked. (very generally interpreted).
So long and short of it...a court can compel you to testifyin this type of case, but they rarely will take that step unless it is a really serious case.
2006-06-26 12:06:22 · answer #4 · answered by strangedaze23 3 · 0⤊ 0⤋
Under the Federal Rules of Evidence,you cannot be compelled to testify against your husband.
I presume that you are living in the U.S.A. and that you are still married.
It might help if you got that information to the District Attorney.
If not, show up at court, (especially if you have been subpoenaed, no show; could end up in contempt of court proceedings), and politely refuse to testify citing spousal privilege.
If need be, but hoghly unlikely, you are asked again politely refuse.
That's it.
You may wish to inform your spouse that the next time, you might very well testify. You have that right to testify against your husband should you so choose. Then suggest that he agree to attend and co-operate fully in marriage counselling.
Dan the Answers-Man.
2006-06-26 11:49:31 · answer #5 · answered by Dan S 6 · 0⤊ 0⤋
If you filed the charges all you have to do is drop them.
However, if the city filed the charges there is really nothing you can do other than... .Obtain legal counsel (he has a right to this private or public defender) and have them ask the judge to continue the case for 6 months and if there are no more incidents drop all the charges.
Of course there are lots of issues that will play into this....any past criminal records (if there are any), any previous reports of domestic disturbance, if this is a one time isolated incident, ect....
And yes you always have the right of SPOUSAL PRIVILEDGE not to testify against your spouse if they are your legal spouse. You have the right not to incriminate your spouse due to your testimony.
Furthermore, if this man is hitting you.....you need to get out.
2006-06-26 11:28:10 · answer #6 · answered by ebell0212 1 · 0⤊ 0⤋
Do nothing and we will probably be read about your death in the papers next week. Be strong and leave this guy. I went though the same thing and my ex never lift me. I had to leave (1050 miles away). I changed my life around and am better for it and I know that me leave made her life better as well.
What ever problems your husband has, he need to fix them, you can not help him, you can only support his decision to make his life better and in turn he will make it better for you.
And if you do drugs or drink, then you should find help as well and ask your self why you in this relationship. What is going on with you that you will take this abuse. It’s not love, believe me, it’s not love. And if you think that, you only fooling yourself.
This is what a friend said to my ex: “The fist time he hits you, it’s his fault, the second time he hits you, it’s your fault”. Why? You should have lift him the first time or you should have stopped it the first time it happened.
Just leave him and get some help.
www.safe4all.org
2006-06-27 09:31:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
A woman cannot be forced to testify against her husband. That is the law.
2006-06-26 11:20:25 · answer #8 · answered by sassyk 5 · 0⤊ 0⤋
You can always use the spousal priviledge from having to testify against a person that continues to hit you even though you somehow think it is OK.
There are more stupid people in this world.
2006-06-26 11:34:06 · answer #9 · answered by SHOOTER586 3 · 0⤊ 0⤋
If this is a standard Domestic Violence Hearing, tell the judge that you have reconciled and don't want to see your husband jailed. This irks judges and s/he may lecture you. S/He will probably issue a DVO, that just states that if your husband hits you again, he will go to jail. If you continue to allow your husband to hit you and do not want him to go to jail, do not call the police on him. I have seen many abused wives go to court and tell the judge that their husband did not really hit them because they did not want him to go to jail, bad idea, the judge responds by charging them with falsely reporting an incident.
Your husband needs to suck it up, be a man, and plea guilty
2006-06-26 11:25:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋