I was involved in a domestic dispute with my husband, and now the state wants to take it to a jury trial. Do I have to testify against my husband by law?
2006-08-02 15:55:14 · 9 answers · asked by shelley shell 1 in Family & Relationships ➔ Marriage & Divorce
great, so he beat you up and now you want to set him free?
well, next time don't call the cops.
and no, legaly you can not be forced to testify against your own spouse, as the victim you can not be forced to testify against your attacker.
but then again, in most cases the state does not really need your testimony anyway
2006-08-02 17:30:52 · answer #1 · answered by zether 6 · 0⤊ 0⤋
By law no you do not - however you refusing to testify against will NOT stop the state from prosecuting him especially if a 911 call and police report was involved - because domestic violence is a growing cause of so many losing their lives law enforcement and prosecutors are very serious about preventing this from happening. Going forward with the case is at the discretion of the District Attorney's office.
2006-08-02 23:00:59 · answer #2 · answered by 2deep4u 2 · 0⤊ 0⤋
No, you don't have to testify against him. But, if it's gotten this far, the state thinks that your husband's case has enough going for it. You started this, by calling the police when he was after you. Now you are forgiving him? If you do, don't expect the courts to be very sympathetic the next time he does something to you. (and he will do it again, because nothing has changed, has it?)
2006-08-02 22:59:49 · answer #3 · answered by voxwoman 3 · 0⤊ 0⤋
No you do not. It's called spousal privilege and you do not have to take the stand. The sooner you let the state know you are unwilling to testify the better off everyone will be.
2006-08-02 23:19:04 · answer #4 · answered by shomechely 3 · 0⤊ 0⤋
You don't have to testify against him. You can plead the 5th amendment and not answer. Better yet, ask your lawyer what your options are. You don't want to be held in contempt, but you also don't want to hurt him. The next question you should ask is, "I don't want to stop the history of domestic abuse, will you come to my funeral when he kills me?" Good luck
2006-08-02 23:19:16 · answer #5 · answered by marks3kids 5 · 0⤊ 0⤋
Many states have laws that protect from testifying in the courtroom. Do what you think you should do.
2006-08-02 23:00:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think you should, but I don't know if you have to or not. But it will only get worse. Don't spend 21 years figuring that out like I did. Good luck! God Bless.
2006-08-02 22:59:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
NO BUT IF YOU WANT HIM TO PAY AND SUFFER THE CONSEQUENCE FOR WHAT HE DID TO YOU TESTIFY
2006-08-02 22:59:55 · answer #8 · answered by teresa d 4 · 0⤊ 0⤋
gilugjk
2006-08-02 23:47:55 · answer #9 · answered by *L-I-V-E* 5 · 0⤊ 0⤋