if you decide to not testify against a spouse and several attempts are made to serve you a subpoena but was unsuccessful what happens after that. are you then put in jail,or can you just accept the subpoena and go to court and just sit there since you can not be forced to testify against your spouse.
2006-08-26 18:02:48 · 5 answers · asked by sharonda t 1 in Family & Relationships ➔ Other - Family & Relationships
They can't technically "order" you to testify against a spouse.
This is called "Spousal privilege", and reads as following:
"A husband cannot be examined for or against his wife without her consent or a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other or to a criminal action or proceeding for a crime committed by one against the other."
This applies equally to husbands or wives and protects marital confidences. Neither spouse can testify about communications between them during the marriage; the protection continues even after the marriage ends. The privilege does not apply, however, in a civil suit between spouses, such as a divorce or custody proceeding, or when one spouse is charged with a crime against the other.
You can look at the site below to check the law specific to the state that you are in, since specifics can vary from state to state. Good luck! =o)
2006-08-26 18:29:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If this is a domestic violence case cooperate with authorities. Men don't change in DV matters. If alcohol/drugs ditto unless you are part of the problem. Hope there are no children involved. Best to make a decision in best interst of kids and stick with it. Don't allow any negative behavior in presence of children. Both of you will live to regret it when children become teens, become adults.
If they can't serve you, they can't. The burden is on the server. If they can prove that you are trying to avoid service because you do not want spouse to pay for his crime, then they can bring you into it as an accessory. Also, if children are involved, beware Child Protective Services. If the state you live in prevents a wife from testifying against her husband then accept the subpoena and you will not be compelled to testify. If DV, drugs/alcohol or affairs are involved there will be no changes despite spouse's pleas. Get out. Minimize trauma for children.
2006-08-26 18:12:07 · answer #2 · answered by ALWAYS GOTTA KNOW 5 · 0⤊ 0⤋
I think there is a law that says you do not have to testify against your spouse
2006-08-26 18:05:24 · answer #3 · answered by Angie A 3 · 0⤊ 0⤋
He falls under a husband-spouse confidentiaty regulation it is particularly like the atty-customer privledge. He might desire to be subpeonaed as a opposed witness for this reason meaning he has to testify against his will yet he can answer pleading the husband-spouse privledge and not something legally can take place to him. solid good fortune
2016-11-05 21:53:51 · answer #4 · answered by ? 4 · 0⤊ 0⤋
That's odd you don't have to testify against your spouse, ummm sounds really odd...
2006-08-26 18:06:48 · answer #5 · answered by ABBYsMom 7 · 0⤊ 0⤋